SCHEDULE 5TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

PART 2CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES

Change of tenancy status by agreement

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1

The Housing (Scotland) Act 1988 is amended as follows.

2

After section 12(2) there is inserted—

3

Subsection (1) is subject to section 46A.

3

After section 46 there is inserted—

Phasing out of assured tenancies

46AChange to private residential tenancy by agreement

1

The landlord and the tenant under an assured tenancy may agree that on a day specified by them, the tenancy will cease to be an assured tenancy.

2

On the day specified by the landlord and the tenant under subsection (1), the tenancy—

a

ceases to be an assured tenancy, and

b

becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”).

3

But an agreement under subsection (1) is of no effect if, for a reason other than the tenancy being an assured tenancy, it is one which schedule 1 of the 2016 Act states cannot be a private residential tenancy.