Private Housing (Tenancies) (Scotland) Act 2016: consultation on regulations

Consultation seeking views on secondary legislation and further policy to support the new private residential tenancy.

Section 2: Glossary Of Terms & Interpretation

In this Agreement, the following words have the following meanings except where the content indicates otherwise

  • Common Parts: this includes any part of the structure and exterior of the building in which the accommodation is located which is shared between the let property and any other property (such as: the common close, common stairway, entrance steps, paths, entrance doors and doorways, passages, bin chute accesses, yard, gardens, outhouses, bin areas, cellar, back green and back court)
  • Eviction ground: means a ground named in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016 on the basis of which an eviction order may be issued.
  • Eviction order: means an order issued under section 51 of the Private Housing (Tenancies) (Scotland) Act 2016
  • Family member: means a person who is married to, in a civil partnership with, or living together as though married with, the landlord or tenant (a partner) or is a qualifying relative of the landlord or tenant or his or her partner, or is a partner of a qualifying relative.
  • First-tier Tribunal: means the First-tier Tribunal for Scotland.
  • Jointly and severally liable: where two or more people have signed this Agreement, each one of them is fully responsible for making sure that all the conditions in this Agreement are met, including payment of rent.
  • House in Multiple Occupation ( HMO): Living accommodation is an HMO if it is occupied by three or more adults (aged 16 or over) from three or more families as their only or main residence and either a house, premises or a group of premises owned by the same person with shared basic amenities.
  • Landlord: includes any joint landlord
  • Let property: the property rented by the landlord to the tenant
  • Neighbour: any person living in the locality
  • Neighbourhood: the locality of the rented property
  • Private Residential Tenancy: means a tenancy which is a private residential tenancy by virtue of section 1 of the Private Housing (Tenancies) (Scotland) Act 2016
  • Qualifying relative: means a parent, grandparent, child, grandchild, brother or sister, and includes half-blood relatives in those categories and step-children
  • Rent: means any sum payable periodically by the tenant to the landlord in connection with the tenancy (and includes, for the avoidance of doubt, any sums payable in respect of services, repairs, maintenance or insurance).
  • Rent-increase notice: has the meaning given by section 22(1) of the Private Housing (Tenancies) (Scotland) Act 2016.
  • Rent officer: has the meaning given by section 43 of the Rent (Scotland) Act 1984
  • Statutory term: has the meaning given by section 7(1) of the Private Housing (Tenancies) (Scotland) Act 2016
  • Tenant: includes any joint tenant or sub-tenant.

Declaring for the purposes of this lease that words importing the singular shall include the plural, and where there are two or more persons included in the expression "the Tenant" the obligations and conditions incumbent upon and expressed to be made by "the Tenant", including payment of the rent, shall be held to bind all such persons jointly and severally.


Email: Alan Garft,

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road

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