The Assured Tenancies (Notices to Quit Prescribed Information) (Scotland) Regulations 1988

Made: 28th November 1988

Laid before Parliament: 8th December 1988

Coming into force: 2nd January 1989

The Secretary of State, in exercise of the powers conferred on him by section 112 of the Rent (Scotland) Act 1984 [^f00001], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1

These Regulations may be cited as the Assured Tenancies (Notices to Quit Prescribed Information) (Scotland) Regulations 1988 and shall come into force on 2nd January 1989.

2

Where a notice to quit is given by a landlord to terminate an assured tenancy under the Housing (Scotland) Act 1988 [^f00002]that notice shall contain the information set out in the Schedule to these Regulations.

SCHEDULE — INFORMATION TO BE CONTAINED IN THE NOTICE TO QUIT

1

Even after the Notice to Quit has run out, before the tenant can lawfully be evicted, the landlord must get an order for possession from the court.

2

If a landlord issues a Notice to Quit but does not seek to gain possession of the house in question the contractual assured tenancy which has been terminated will be replaced by a statutory assured tenancy. In such circumstances the landlord may propose new terms for the tenancy and may seek an adjustment in rent at annual intervals thereafter.

3

If a tenant does not know what kind of tenancy he has or is otherwise unsure of his rights he can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid legislation. A tenant can also seek help from a Citizens Advice Bureau or Housing Advisory Centre.

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 28th November 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the information to be contained in a Notice to Quit given by a landlord to terminate a tenancy which is an assured tenancy under the Housing (Scotland) Act 1988. Failure to include such information will in terms of section 112 of the Rent (Scotland) Act 1984 render the Notice to Quit invalid.

Footnotes

[^f00001]: 1984 c. 58

[^f00002]: 1988 c. 43