| Guvnor

Enforced by: Local Authority
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Landlord8

Plus 8 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Landlord — also bound by 224 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Private residential tenancy

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.001 Meaning of private residential tenancy

s.002 Interpretation of section 1

s.003 Writing not required to constitute private residential tenancy

s.004 Extended meaning of tenancy in this Act

s.005 Extended meaning of tenancy and related expressions in other enactments

s.006 Power to modify schedule 1

Part 1

Choice of tenant

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.006 Offence of discriminating in relation to children

s.006 Offence of discriminating in relation to benefits status

s.006 Discriminatory terms relating to children or benefits status

s.006 No prohibition on taking income into account

s.006 Interpretation of Part 1A

Part 2

Tenancy terms

1 of 3 sections shown

s.009 Protection of terms allowing use of shared living accommodation Regulated

Don't reduce shared living accommodation rights without tenant consentLandlord

2 other sections in this Part — procedural and definitional

s.007 Statutory terms of tenancy

s.008 Regulations under section 7

Part 3

Tenancy information

1 of 10 sections shown

s.010 Duty to provide written terms of tenancy Regulated

Provide written tenancy terms to tenant within 28 daysLandlord

9 other sections in this Part — procedural and definitional

s.011 Duty to provide specified information

s.012 Regulations about providing information

s.013 Prohibition on charging for information

s.014 Application to First-tier Tribunal to draw up terms

s.015 First-tier Tribunal's power to draw up terms

s.016 First-tier Tribunal's power to sanction failure to provide information

s.017 Meaning of notice period in sections 14 and 16

s.017 Prospective landlords’ duty to include information about rent in advertisements: property is not exempt property

s.017 Prospective landlords’ duty to include information about property in advertisements: exempt property

Part 4

Rent: properties not in a rent control area (or properties that are exempt properties)

2 of 30 sections shown

s.026 Rent officer's duty to issue provisional order Regulated

Other duties (1) — Crown / regulator

Rent officer must issue a provisional order before setting rentStatutory regulator

s.034 Duty to make information available Regulated

Other duties (1) — Crown / regulator

Tribunal and Rent Officers must publish rent determination dataTribunal / Court

28 other sections in this Part — procedural and definitional

s.017 Application of this Part

s.017 Meaning of “exempt property”

s.018 Method by which rent may be increased

s.019 Frequency with which rent may be increased

s.020 No premiums, advance payments, etc.

s.021 Restriction on diligence

s.021 Rent cap controls

s.022 Landlord's power to increase rent

s.023 Modification of rent-increase notice by parties

s.024 Tenant's right to refer increase to rent officer

s.025 Rent officer's power to set rent

s.027 Rent officer's power to correct final order

s.028 Right of appeal to First-tier Tribunal

s.029 First-tier Tribunal's power to set rent

s.030 Finality of First-tier Tribunal's decision

s.031 Liability for over or under paid rent

s.031 Determination of rent payable

s.032 Determination of open market rent

s.033 Withdrawal of referral or appeal

s.033 Landlord application to rent officer to increase rent above permitted rate

s.033 Rent officer’s power to apply rent increase above permitted rate

s.033 Appeal to the First-tier Tribunal

s.033 Withdrawal or dismissal of appeal to the First-tier Tribunal

s.033 Finality of First-tier Tribunal’s decision

s.033 Powers to adjust maximum amount of increased costs by which rent may be increased

s.033 Liability for underpaid rent

s.033 Power to modify Chapter 2

s.034 Power to modify Chapter

Part 4

Rent: properties in a rent control area (other than exempt properties)

0 of 23 sections shown

23 other sections in this Part — procedural and definitional

s.043 Application of this Part

s.043 Meaning of property that is “previously let” and the “immediately preceding tenancy”

s.043 Meaning of “relevant rent increase”

s.043 Meaning of “permitted rate”

s.043 Meaning of “permitted rate”: further provision

s.043 Meaning of other terms

s.043 Restriction on setting of initial rent by landlord

s.043 Method by which rent may be increased

s.043 Frequency with which rent may be increased

s.043 No premiums, advance payments, etc.

s.043 Restriction on diligence

s.043 Landlord’s power to increase rent by no more than the permitted rate

s.043 Modification of rent-increase notice by parties

s.043 Tenant’s right to refer rent-increase notice to rent officer

s.043 Rent officer’s power to set rent

s.043 Rent officer’s power to correct order

s.043 Right of review to another rent officer

s.043 Other rent officer’s power to set rent

s.043 Tenant's right to apply to First-tier Tribunal in relation to rent-increase notice

s.043 First-tier Tribunal’s powers on an application under section 43S(1)

s.043 Tenant’s liability for underpaid rent

s.043 Withdrawal of referral or request for review by rent officer or application to First-tier Tribunal

s.043 Power of First-tier Tribunal to require landlords to pay penalty or compensation

Part 5

Termination

6 of 22 sections shown

s.052 Applications for eviction orders and consideration of them Regulated

Other duties (1) — Crown / regulator

First-tier Tribunal must not entertain eviction applications without a valid notice to leave or within the notice periodTribunal / Court

s.054 Restriction on applying during the notice period Regulated

Do not apply for eviction order until the notice period expiresLandlord

s.055 Restriction on applying 6 months after the notice period expires Regulated

Do not apply for eviction more than 6 months after notice period expiresLandlord

s.056 Restriction on applying without notifying local authority Regulated

Notify the local authority before applying for an eviction orderLandlord

s.059 Wrongful-termination order Regulated

Other duties (1) — Crown / regulator

Tribunal must decide liability and amounts for wrongful-termination ordersTribunal / Court

s.060 Notice to local authority of wrongful-termination order Regulated

Other duties (1) — Crown / regulator

Tribunal must notify local authority of wrongful-termination ordersTribunal / Court

16 other sections in this Part — procedural and definitional

s.044 No termination by parties except in accordance with this Part

s.045 Landlord's interest transfers with ownership of property

s.046 Protection for sub-tenants

s.047 Qualification of sub-tenant protection

s.048 Tenant's ability to bring tenancy to an end

s.048 Pre-notice to be given to other joint tenants

s.049 Requirements for notice to be given by tenant

s.050 Termination by notice to leave and tenant leaving

s.051 First-tier Tribunal's power to issue an eviction order

s.053 First-tier Tribunal's power to disapply protection for sub-tenants

s.057 Wrongful termination by eviction order

s.058 Wrongful termination without eviction order

s.061 Sub-tenancy notice to leave

s.062 Meaning of notice to leave and stated eviction ground

s.063 Landlord includes lender in some cases

s.064 Six month periods

Part 5

keeping pets and making changes to let property

0 of 15 sections shown

15 other sections in this Part — procedural and definitional

s.064 Tenant’s right to keep a pet

s.064 Consent to keep a pet

s.064 Restrictions on keeping a pet: right of appeal

s.064 Restrictions on keeping a pet: decisions on appeal

s.064 Power to make provision about when it is reasonable to refuse consent to keep a pet

s.064 Power to make provision about when a consent condition for keeping a pet is reasonable

s.064 Regulations under sections 64E and 64F: consultation

s.064 Tenant’s right to make changes to let property

s.064 Consent for category 2 changes

s.064 Restrictions on category 2 changes: right of appeal

s.064 Restrictions on category 2 changes: decisions on appeal

s.064 Power to specify changes to a let property that may be made by the tenant

s.064 Power to make provision about when it is reasonable to refuse consent for a category 2 change

s.064 Power to make provision about when a consent condition for a category 2 change is reasonable

s.064 Regulations under sections 64L, 64M and 64N: consultation

Part 6

Death of the tenant

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.065 Termination of tenancy on tenant's death

s.066 Termination of joint tenant's interest on death

s.067 Partner's entitlement to inherit

s.068 Other family member's entitlement to inherit

s.069 Carer's entitlement to inherit

s.070 Interpretation of Part

Part 7

Miscellaneous provisions

1 of 3 sections shown

s.072 First-tier Tribunal's duty to report unregistered landlords Regulated

Other duties (1) — Crown / regulator

Tribunal must report unregistered landlords to the local authorityTribunal / Court

2 other sections in this Part — procedural and definitional

s.071 First-tier Tribunal's jurisdiction

s.073 Minor errors in documents

Part 8

Consequential and transitional provision

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.074 Consequential modifications

s.075 Transitional provision

Part 9

Final provisions

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.075 Crown application

s.076 Ancillary regulations

s.077 Regulation-making powers

s.078 Interpretation

s.079 Commencement

s.080 Short title

Schedules

2 of 74 shown

s.002 STATUTORY TERMS REQUIRED BY SECTION 8 Regulated

Provide written receipts for cash rent paymentsLandlord

s.sch002 Where any payment of rent is made in cash, the... Regulated

Provide written receipt for cash rent paymentsLandlord

72 other schedules

s.003 EVICTION GROUNDS

s.004 CONSEQUENTIAL MODIFICATIONS

s.sch001 TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES

s.sch001 (1) A tenancy cannot be a private residential tenancy if—...

s.sch001 If, at any time, the landlord holds the landlord's interest...

s.sch001 In a case where two or more persons jointly are...

s.sch001 A tenancy cannot be a private residential tenancy if the...

s.sch001 A tenancy cannot be a private residential tenancy if it...

s.sch001 A tenancy cannot be a private residential tenancy if the...

s.sch001 A tenancy cannot be a private residential tenancy if it...

s.sch001 (1) A tenancy cannot be a private residential tenancy if...

s.sch001 A tenancy cannot be a private residential tenancy if it...

s.sch001 (1) A tenancy cannot be a private residential tenancy if...

s.sch001 (1) A tenancy cannot be a private residential tenancy if—...

s.sch001 (1) A tenancy cannot be a private residential tenancy if...

s.sch001 A tenancy cannot be a private residential tenancy if paragraph...

s.sch001 This paragraph applies to a tenancy if—

s.sch001 (1) This paragraph applies to a tenancy if sub-paragraphs (2)...

s.sch002 The tenant may make changes to the let property in...

s.sch002 The rent may be increased — (a) in accordance with...

s.sch002 If a person aged 16 or over (who is not...

s.sch002 If— (a) in accordance with the term specified in paragraph...

s.sch002 The tenant may not, without the written agreement of the...

s.sch002 The tenant is to allow reasonable access to the let...

s.sch002 (1) The following are authorised purposes— (a) carrying out any...

s.sch002 The tenant is to allow reasonable use of facilities within...

s.sch002 The tenant may keep pets at the let property in...

s.sch003 (1) It is an eviction ground that the landlord intends...

s.sch003 (1) It is an eviction ground that the tenant is...

s.sch003 (1) It is an eviction ground that the tenant has...

s.sch003 Substantial rent arrears

s.sch003 (1) It is an eviction ground that the tenant has...

s.sch003 (1) It is an eviction ground that the tenant associates...

s.sch003 (1) It is an eviction ground that the landlord is...

s.sch003 (1) It is an eviction ground that the let property...

s.sch003 (1) It is an eviction ground that an overcrowding statutory...

s.sch003 Landlord intends to sell property to alleviate financial hardship

s.sch003 (1) It is an eviction ground that a lender intends...

s.sch003 (1) It is an eviction ground that the landlord intends...

s.sch003 Landlord intends to live in property to alleviate financial hardship

s.sch003 (1) It is an eviction ground that a member of...

s.sch003 (1) It is an eviction ground that the landlord intends...

s.sch003 (1) It is an eviction ground that the let property...

s.sch003 (1) It is an eviction ground that the tenancy was...

s.sch004 After section 8(3) of the Land Tenure Reform (Scotland) Act...

s.sch004 (1) The Bankruptcy and Diligence etc. (Scotland) Act 2007 is...

s.sch004 In section 94(1) of the Housing (Scotland) Act 2014, after...

s.sch004 (1) The Rent (Scotland) Act 1984 is amended as follows....

s.sch004 In section 31(9) of the Bankruptcy (Scotland) Act 1985, after...

s.sch004 (1) The Housing (Scotland) Act 1987 is amended as follows....

s.sch004 In section 130C(2) of the Social Security Contributions and Benefits...

s.sch004 After section 1(7) of the Requirements of Writing (Scotland) Act...

s.sch004 (1) The Housing (Scotland) Act 2001 is amended as follows....

s.sch004 In section 11(5) of the Homelessness etc. (Scotland) Act 2003,...

s.sch004 (1) The Housing (Scotland) Act 2006 is amended as follows....

s.sch005 TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

s.sch005 (1) Section 12 of the Housing (Scotland) Act 1988 is...

s.sch005 (1) The Housing (Scotland) Act 1988 is amended as follows....

s.sch005 After section 3A of the Rent (Scotland) Act 1984 there...

s.sch005 After section 31 of the Housing (Scotland) Act 1988 there...

s.036 Scottish Ministers' duty to react to request Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must respond to Rent Pressure Zone requestsCrown / Minister / Government department

s.040 Procedure for designating a zone: consultation and information Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must consult and provide evidence before capping rentsCrown / Minister / Government department

s.043 Further provision about making and determining an application under section 42 Regulated

Apply for a rent increase due to improvements using the correct form and rent officerLandlord

6 other provisions

s.035 Request by local authority that a zone be designated

s.037 Power to designate a zone

s.038 Restriction on rent increases within a zone

s.039 Limits on power to designate a zone

s.041 Power to change inflation index

s.042 Rent officer's power to allow rent rise in consequence of improvement

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Private Housing (Tenancies) (Scotland) Act 2016

Does it bind you?

Other Acts binding the same actors

What it requires

Private residential tenancy

Choice of tenant

Tenancy terms

Tenancy information

Rent: properties not in a rent control area (or properties that are exempt properties)

Rent: properties in a rent control area (other than exempt properties)

Termination

keeping pets and making changes to let property

Death of the tenant

Miscellaneous provisions

Consequential and transitional provision

Final provisions

Schedules