The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017

Made: 12th September 2017

Laid before the Scottish Parliament: 14th September 2017

Coming into force: 1st December 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17(3), 22(2)(b), 24(4), 43(1)(a), 61(3)(b), 62(1)(d) and 77(2) of the Private Housing (Tenancies) (Scotland) Act 2016 and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 and come into force on 1st December 2017.

• (2) In these Regulations “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016.

Notice of a tenant's intention to make an application to the First-tier Tribunal to draw up terms or sanction failure to provide information

2

• (1) A notice under section 14(3) (application to First-tier Tribunal to draw up terms) of the Act of the tenant's intention to make an application to the First-tier Tribunal under section 14(1) of the Act must be in the form set out in schedule 1.

• (2) A notice under section 16(3)(c) (First-tier Tribunal's power to sanction failure to provide information) of the Act of the tenant's intention to make an application to the First-tier Tribunal under section 16(1) of the Act must be in the form set out in schedule 1.

Rent-increase notice

3

A rent-increase notice given by the landlord to the tenant under section 22(1) (landlord's power to increase rent) of the Act must be in the form set out in schedule 2.

Referral to a rent officer to determine the rent

4

A referral made by a tenant to a rent officer under section 24(1) (tenant's right to refer increase to rent officer) of the Act to determine the rent must be in the form set out in schedule 3.

Application to a rent officer to determine the additional amount of rent (if any) attributable to improvements

5

An application by the landlord to a rent officer under section 42(1) (rent officer's power to allow rent rise in consequence of improvement) of the Act to determine the additional amount of rent (if any) attributable to improvements must be in the form set out in schedule 4.

Notice to leave

6

A notice to leave given by the landlord to the tenant under section 50(1)(a) (termination by notice to leave and tenant leaving) of the Act must be in the form set out in schedule 5.

Sub-tenancy notice to leave

7

A sub-tenancy notice to leave given by a landlord to a sub-tenant under section 61(1) (sub-tenancy notice to leave) of the Act must be in the form set out in schedule 6.

SCHEDULE 1 — APPLICATION BY A TENANT TO THE FIRST-TIER TRIBUNAL

SCHEDULE 2 — RENT-INCREASE NOTICE

SCHEDULE 3 — REFERRAL BY A TENANT TO A RENT OFFICER

SCHEDULE 4 — APPLICATION BY A LANDLORD TO A RENT OFFICER

SCHEDULE 5

SCHEDULE 6 — SUB-TENANCY NOTICE TO LEAVE

Signed

KEVIN STEWART — Authorised to sign by the Scottish Ministers — 2017-09-12

Explanatory note

(This note is not part of these Regulations)

Footnotes

[^f00001]: 2016 asp 19.

Editorial notes

[^c23249451]: 2016 asp 19.

[^key-5bc9212681bbc5cdeccfb0c97f0df074]: Regulations applied (with modifications) (temp.) (28.10.2022 immediately after 9.35 a.m.) by The Assured Tenancies and Private Residential Tenancies (Prescribed Notices and Forms) (Miscellaneous Temporary Modifications) (Scotland) Regulations 2022 (S.S.I. 2022/307), regs. 1(1), 2, sch. 1 (with regs. 1(2)(3), 4)

[^key-ba839793c0c67075449841f88ff598bb]: Regulations applied (with modifications) (temp.) (1.4.2023) by The Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023 (S.S.I. 2023/58), regs. 1(1), 2, sch. 1 (with regs. 1(2)(3), 6)

[^key-487ec07e29234a204a4010cb3db7af4b]: Regulations applied (with modifications) (temp.) (1.4.2023) by The Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023 (S.S.I. 2023/58), regs. 1(1), 3, sch. 2 (with regs. 1(2)(3), 6)