Land and Buildings Transaction Tax (Scotland) Act 2013 section Sch 4A para 7

Interpretation

Section Sch 4A para 7 clarifies two key definitions used throughout the first-time buyer relief schedule: what counts as a "major interest" in land and what counts as a "dwelling".

• A "major interest" in land does not include a tenant's interest under certain regulated private residential tenancies.
• The regulated tenancies excluded are those under the Rent (Scotland) Act 1984, the Housing (Scotland) Act 1988, and the Private Housing (Tenancies) (Scotland) Act 2016.
• This means that holding a regulated tenancy does not count as having previously acquired a major interest, so it would not disqualify someone from first-time buyer relief.
• The definition of "dwelling" for first-time buyer relief purposes is the same definition used for the additional dwelling supplement rules.