Rent (Scotland) Act 1984

• (b) the tenancy would be a protected tenancy but for section 1(1)(a) or 5 above but do not apply, and shall be deemed never to have applied, to a tenancy which is a lease under a shared ownership agreement within the meaning of section 83(3) of the Housing (Scotland) Act 2001 (asp 10).,

and in this section and the said sections 56 to 59 “tenancy” means, unless the context otherwise requires, a tenancy to which those sections apply.

Rents to be registrable under Part V

56

• (1) There shall be a separate part of the register under Part V of this Act in which rents may be registered for dwelling-houses which are let, or are, or are to be, available for letting, under a tenancy to which sections 55 to 59 of this Act apply.

• (2) Sections 22 to 27, 45 to 49A . . . , section 50(2) and section 53 above and Schedules 5 and 6 to this Act (and no other provisions of this Act) shall apply to a tenancy to which the said sections 55 to 59 apply, and, in their application to such tenancies, shall, in relation to that part of the register, have effect as if for any reference in those provisions to a regulated tenancy there were substituted a reference to a tenancy to which the said sections 55 to 59 apply.

• (3) Registration in the said part of the register shall take effect on the date of registration:

• (4) From the date of registration any previous registration of a rent for the dwelling-house shall cease to have effect.

• (5) A rent registered in any part of the register for a dwelling-house, which becomes or ceases to be a dwelling-house under a tenancy to which the said sections 55 to 59 apply, shall be as effective as if it were registered in any other part of the register.

• (6) Subject to subsection (5) above, references in the said sections 55 to 59 to registration are, unless the context otherwise requires, references to registration pursuant to this section.

The rent limit

57

• (1) Where the rent payable under a tenancy would exceed the rent limit determined in accordance with sections 55 to 59 of this Act, the amount of the excess shall be irrecoverable from the tenant.

• (2) Where a rent for the dwelling-house is registered, then, subject to section 58 below and Part IV of the Schedule to the Fire Precautions Act 1971, the rent limit is the rent so registered:

• (3) Where no rent for the dwelling-house is registered, then, subject to subsection (5) below and Part IV of the Schedule to the Fire Precautions Act 1971, the rent limit shall be determined as follows—

• (a) if the lease or agreement creating the tenancy was made before 1st January 1973, the rent limit is the rent recoverable under the tenancy, as varied by any agreement made before that date (but not as varied by any later agreement),

• (b) if paragraph (a) above does not apply, and, not more than three years before the tenancy began, the dwelling-house was subject to another tenancy (whether before 1973 or later) the rent limit is the rent recoverable under that other tenancy (or, if there was more than one, the last of them) for the last rental period thereof,

• (c) if paragraph (a) and paragraph (b) above do not apply, the rent limit shall be the rent payable under the terms of the lease or agreement creating the tenancy (and not by the rent so payable under those terms as varied by any subsequent agreement).

• (4) The reference in paragraph (b) of subsection (3) above to another tenancy includes, in addition to a tenancy to which sections 57 to 59 of this Act apply, a regulated tenancy within the meaning of this Act—

• (a) which subsisted at any time after the operative date, within the meaning of the Housing Act 1974; and

• (b) under which, immediately before it came to an end, the interest of the landlord belonged to a housing association.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Section 37 above shall apply as if any amount made irrecoverable by virtue of this section were irrecoverable by virtue of Part IV of this Act.

• (7) A tenancy commencing (whether before or after the commencement of this Act) while there is in operation a condition relating to rent imposed under any of the enactments mentioned in section 46(7) above shall be disregarded for the purposes of subsection (3)(b) above in determining the rent limit under any subsequent tenancy of the dwelling-house.

• (8) Where the rent is subject to the rent limit under subsection (3)(b) above, the landlord shall, on being so requested in writing by the tenant, supply him with a statement in writing of the rent which was recoverable for the last rental period of the other tenancy referred to in that paragraph.

• (9) If, without a reasonable excuse, a landlord who has received such a request as is referred to in subsection (8) above—

• (a) fails to supply the statement referred to in that subsection within 21 days of receiving the request, or

• (b) supplies a statement which is false in any material particular,

he shall be liable to a fine not exceeding level 3 on the standard scale.

• (10) This section shall not apply to rent for any rental period beginning before 1st January 1973.

Phasing of progression to registered rent

58

• (1) This section applies where a rent is registered for a dwelling-house (whether it is the first or any subsequent registration) which exceeds the rent limit for the dwelling-house immediately before the date of registration, unless at the date of registration there is no tenant and no person to whom the tenancy has been granted.

• (2) Subject to subsection (9) below, the rent limit shall progress from the rent immediately before the date of registration to the registered rent in stages, and, . . . and paragraph 3 of Part IV of the Schedule to the Fire Precautions Act 1971—

• (a) for any rental period beginning in the first stage, the rent limit shall be the rent limit immediately before the date of registration plus the greatest of—

• (i) £104; or

• (ii) one-quarter of the previous rent limit; or

• (iii) one-half of the difference between the previous rent limit and the amount of the registered rent:

provided that nothing in this paragraph shall enable the rent to be increased above the amount of the registered rent;

• (b) for any rental period beginning in the second stage the rent limit shall be the rent payable for the first stage plus any amount required to increase the rent payable to the registered rent.

• (3) The first stage shall last for 52 weeks from the date of registration, or from the beginning of the first rental period for which the rent is first increased (by any amount) on or after that date, whichever is the later or for such other period as the Secretary of State may by order specify.

• (4) Any subsequent stage shall last for 52 weeks from the end of the last previous stage, or from the beginning of the first rental period for which the rent if first increased (by any amount) after the end of the last previous stge, whichever is the later or for such other period as the Secretary of State may by order specify.

• (5) If a tenancy of the dwelling-house is granted at any time when the rent limit is less than the registered rent, and the tenant is neither the person who, at the time when the previous tenancy (or the last previous tenancy) ended, was the tenant under that tenancy nor a member of that tenant’s family who resided with him, the registered rent shall become the rent limit from the beginning of the new tenancy, and the stages by which the rent limit was to progress up to the registered rent shall terminate.

• (6) The registration of a lower or higher rent during the progression from the rent limit in force before the prior registration shall not alter the stages by which the rent limit is to progress, and if a higher rent is registered in the 52 weeks beginning with the first rental period for which the rent increased up to the rent registered on the prior registration, the first stage in the progression from that rent up to the later registered rent shall not begin until the end of that period of 52 weeks.

• (7) The Secretary of State may by order amend subsection (2) above by varying or repealing any of the provisions of paragraphs (a) and (b) thereof, and the order may contain such supplementary or incidental provisions as he thinks fit.

• (7A) An order under subsections (3) or (4) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may contain such supplementary or incidental material as the Secretary of State thinks fit.

• (8) An order under subsection (7) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be varied or revoked by a subsequent order made under that subsection.

• (9) In subsection (2)(a) and (b) above, in relation to a rent registered before 1st December 1980, for the words from “the greater” to “limit” there shall be substituted the words “£78 per year”.

• (10) In this section—

• “noted amount” means the amount of the registered rent noted as fairly attributable to the provision of services under section 49(2) above;

• “previous rent limit” means—

• (a) where the increase is the first to be made since the date of registration of the rent, the amount payable by way of rent on that date, or

• (b) in all other cases, the amount payable by way of rent on the relevant anniversary of that date,

Increase of rent without notice to quit

59

Sections 212 and 213 of the Housing (Scotland) Act 1987 (increase of rents of houses belonging to certain authorities without notice of removal) shall apply to a housing association such as is referred to in section 5(4) above or the Housing Corporation as they apply to any authority to which that section applies, . . . .

Supplemental to sections 55 to 59

60

• (1) Section 40 above shall apply for the purposes of sections 55 to 59 above as it applies for the purposes of Part IV of this Act.

• (2) Where a rent determined by the First-tier Tribunal is registered in substitution for a rent determined by the rent officer, the date of registration shall be deemed for the purposes of sections 55 to 59 above to be the date on which the rent determined by the rent officer was registered:

• (3) The First-tier Tribunal shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the rent limit under the said sections 55 to 59, or as to any matter which is or may become material for determining any such question; ....

• (4) Nothing in sections 55 to 59 above shall prevent or limit an increase in any amounts payable to the landlord for the provision of services which are variable by virtue of section 49(6) above.

Interpretation of Part VI

61

• (1) In this Part of this Act, unless the context otherwise requires—

• “housing association” has the same meaning as in the Housing Associations Act 1985except that it does not include—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a development corporation (within the meaning of the New Towns (Scotland) Act 1968); ora co-operative housing association within the meaning of the Housing Associations Act 1985.;

• “rental period” means a period in respect of which a payment of rent falls to be made.

• (2) Expressions used in this Part of this Act are also used in Part IV or V of this Act shall, unless the context otherwise requires, have the same meaning in this Part as in those Parts.

Part VII — Part VII Contracts

Registration areas for purposes of Part VII

62

• (1) The registration areas for the purposes of this Part of this Act shall be the areas of local authorities.

• (2) The Secretary of State may after consultation with the local authority or local authorities concerned, make directions—

• (a) as to the groupings of registration areas, or parts thereof, or

• (b) deeming any part of a registration area to be a separate registration area.

• (3) Where the Secretary of State made a direction under subsection (2) above which came into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of that subsection if he has consulted eigher the existing or the new local authority or local authorities before that date.

• (4) Any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of a direction under subsection (2)(b) above.

Part VII contracts

63

• (1) Subject to the following provisions of this section, this Part of this Act applies to a contract, whether entered into before or after the commencement of this Act, whereby one person grants to another person, in consideration of a rent which includes payment for the use of furniture or for services, the right to occupy as a residence a dwelling-house to which this Part of this Act applies.

• (2) Subject to subsection (3) below, a contract falling within subsection (1) above and relating to a dwelling-house which consists of only part of a house is a contract to which this Part of this Act applies whether or not the lessee is entitled, in addition to exclusive occupation of that part, to the use in common with any other person of other rooms or accommodation in the house.

• (3) Subject to subsection (5) below, this Part of this Act does not apply—

• (a) to a contract under which the interest of the lessor belongs to Her Majesty in right of the Crown, or to a government department, or is held in trust for Her Majesty for the purposes of a government department; nor

• (b) to a contract entered into on or after 3rd October 1980, where the interest of the lessor belongs to one of the bodies mentioned in subsection (4) below; nor

• (c) to a contract for the leting of any dwelling-house at a rent which includes payment in respect of board if the value of the board to the lessee forms a substantial proportion of the whole rent; nor

• (d) to a contract which creates a regulated tenancy; nor

• (e) to a contract which created a controlled tenancy if that tenancy subsequently becomes a converted tenancy within the meaning of section 115(1) below.

• (4) The bodies referred to in subsection (3)(b) above are—

• (a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;

• (aa) Scottish Water;

• (b) a development corporation established by an order made, or having effect as if made, under the New Towns (Scotland) Act 1968;

• (c) the Scottish Special Housing Association;

• (d) the Housing Corporation;

• (e) a registered housing association within the meaning of the Housing Associations Act 1985;

• (f) a housing co-operative within the meaning of section 22 of the Housing (Scotland) Act 1987; and

• (g) any housing trust which was in existence on 13th November 1953 . . . .

• (5) An interest belonging to Her Majesty in right of the Crown shall not prevent this Part of this Act from applying to a contract if the interest is under the management of the Crown Estate Commissioners or is an interest to which section 90B(5) of the Scotland Act 1998 applies.

• (6) No right to occupy a dwelling-house for a holiday shall be treated for the purposes of this Part of this Act as a right to occupy it as a residence.

• (7) A contract to which this Part of this Act applies is, in the following provisions of this Part of this Act, referred to as a “Part VII contract”.

Dwelling-houses to which Part VII applies

64

• (1) Subject to the following provisions of this section this Part of this Act applies to any dwelling-house the rateable value of which on the appropriate day did not or, as the case may be, does not exceed £200, or in the case of a dwelling-house comprising or forming part of lands and heritages for which a rateable value is or was first shown on the valuation roll on or after 1st April 1978, £600.

• (2) In relation to dwelling-houses comprising or forming part of lands and heritages for which a rateable value is or was first shown on the valuation roll on or after 1st April 1978, the Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament increase the said sum of £600 in subsection (1) above, and he may make different provision for different classes of case.

• (3) The Secretary of State may by order under this section provide that, as from such date as may be specified in the order, this Part of this Act shall not apply to a dwelling-house the rateable value of which on such day as may be specified in the order exceeds such amount as may be so specified.

• (4) An order under subsection (3) above—

• (a) may be made so as to relate to the whole of Scotland or to such area in Scotland as may be specified in the order, and so as to apply generally or only to, or except to, such classes or descriptions of dwelling-houses as may be specified in the order; and

• (b) may contain such transitional provisions as appear to the Secretary of State to be desirable.

• (5) The power to make an order under subsection (3) above shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

• (6) For the purposes of this section, in relation to a dwelling-house which is not separately rated, “rateable value” means such proportion of the rateable value of the premises of which the dwelling-house forms part as may be determined to reflect the relationship between the value of the dwelling-house and the value of the said premises—

• (a) by agreement in writing between the lessor and lessee; or

• (b) failing such agreement, by the First-tier Tribunal, on an application by either party.

Reference of contracts to rent assessment committees and obtaining by them of information

65

• (1) Either the lessor or the lessee under a Part VII contract . . . may refer the contract to the First-tier Tribunal.

• (2) Where a Part VII contract is referred to the First-tier Tribunal under subsection (1) above it may, by notice in writing served on the lessor, require him to give to it, within such period (which shall not be less than seven days from the date of the service of the notice) as may be specified in the notice, such information as it may reasonably require regarding such of the prescribed particulars relating to the contract as are specified in the notice.

• (3) If, within the period specified in a notice under subsection (2) above, the lessor fails without reasonable cause to comply with the provisions of the notice he shall be liable to a fine not exceeding level 3 on the standard scale.

Powers of rent assessment committees on reference of contracts

66

• (1) Where a Part VII contract is referred to the First-tier Tribunal and the reference is not, before the First-tier Tribunal has entered upon consideration of it, withdrawn by the party . . . who made it, the First-tier Tribunal shall consider it and then, after making such inquiry as it thinks fit and giving to each party to the contract and, if the dwelling-house is or forms part of a dwelling-house to which section 203 of the Housing (Scotland) Act 1987 applies, to the local authority, an opportunity of being heard or, at his or its option, of submitting representations in writing, the First-tier Tribunal, subject to subsection (2) below,—

• (a) may approve the rent payable under the contract, or

• (b) may reduce or increase the rent to such sum as it may, in all the circumstances, think reasonable, or

• (c) may, if it thinks fit in all the circumstances, dismiss the reference,

and shall notify the parties and the local authority of its decision.

• (2) On the reference of a Part VII contract relating to a dwelling-house for which a rent is registered under Part V of this Act, the First-tier Tribunal may not reduce the rent payable under the contract below the amount which would be recoverable from the tenant under a regulated tenancy of the dwelling-house.

• (3) An approval, reduction or increase under this section may be limited to rent payable in respect of a particular period.

• (4) Where the rent under a Part VII contract has been registered under section 67 below, the First-tier Tribunal shall not be required to entertain a reference, made otherwise than by the lessor and the lessee jointly, for the registration of a different rent for the dwelling-house concerned before the expiry of the period of three years beginning on the date on which the rent was last considered by the First-tier Tribunal, except on the ground that, since that date, there has been such a change in the condition of the dwelling-house, the furniture or services provided, the terms of the contract or any other circumstaces taken into consideration when the rent was last considered as to make the registered rent no longer a reasonable rent.

• (5) The First-tier Tribunal shall not entertain a reference under subsection (4) above on the ground only that, since the relevant date, there has been a change in the amount of council tax payable in respect of the dwelling-house.

Register of rents under Part VII contracts

67

• (1) The First-tier Tribunal shall keep a register and shall make the register available for inspection in such place or places and in such manner as the Secretary of State may direct.

• (2) The First-tier Tribunal shall cause to be entered in the register, with regard to any contract under which a rent is payable which has been approved, reduced or increased under section 66 above—

• (a) the prescribed particulars with regard to the contract;

• (b) a specification of the dwelling-house to which the contract relates; and

• (c) the rent as approved, reduced or increased by the First-tier Tribunal, and, in a case in which the approval, reduction or increase is limited to rent payable in respect of a particular period, a specification of that period.

• (2A) For the purposes of subsection (2) above the rent shall include any sums payable by the lessee to the lessor in respect of council tax, whether those sums are payable by virtue of a contract under which a rent is payable or otherwise.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A document purporting to be a certificate signed on behalf of the First-tier Tribunal relating to any entry in the register under subsection (2) above shall, until the contrary is shown, be deemed to have been signed on behalf of the First-tier Tribunal, and shall be sufficient evidence of the matters contained in the entry in the register.

• (5) Any entry in a register (hereinafter referred to as “the old register”)

• (a) which was kept under section 89 of the Rent (Scotland) Act 1971 before 16th May 1975, or

• (b) which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area,

which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register kept under this section for that new registration area.

• (6) The old register shall be kept by the First-tier Tribunal and made available for inspection in such place or places and in such manner as the Secretary of State may direct; and subsection (4) above shall apply to any entry in the old register which is deemed to be an entry in the register kept for a new registration area.

• (7) In this section “new registrataion area” means a registration area established under Part VII of the Rent (Scotland) Act 1971 or this Part of this Act on or after 16th May 1975.

Reconsideration of rent after registration

68

Where the rent payable for any dwelling-house has been entered in the register under section 67 above then, subject to section 66(4) above, the lessor or the lessee . . . may refer the case to the First-tier Tribunal for reconsideration of the rent so entered.

Effect of registration of rent

69

• (1) Where the rent payable for any dwelling-house is entered in the register under section 67 above, it shall not be lawful to require or receive on account of rent for that dwelling-house under a Part VII contract payment of any amount in excess of the rent so registered in respect of any period subsequent to the date of the entry or, where a particular period is specified in the register, in respect of that period.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where any payment has been made or received in contravention of this section, the amount of the excess shall be recoverable by the person by whom it was paid.

• (4) Any person who requires or receives any payment in contravention of this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; and

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding six months or to both;

and, without prejudice to any other method of recovery, the court by which a person is found guilty of an offence under this subsection may order the amount paid in excess to be repaid to the person by whom the payment was made.

Cancellation of entries in register at instance of landlord

70

• (1) Where a rent has been registered under section 67 above but the dwelling-house has ceased to be subject to a Part VII contract, an application to the First-tier Tribunal may be made by the landlord in accordance with this section for the cancellation of the registration.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) On an application under subsection (1) above the First-tier Tribunal shall, where subsection (1) is complied with, cancel the registration, and shall make an entry in the register noting the cancellation and the date from which the cancellation takes effect.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) An application under this section shall be in the prescribed form and contain the prescribed particulars.

• (6) The First-tier Tribunal shall notify the applicant of its decision to grant or to refuse any application under this section and, where it grants the application, of the date from which the cancellation takes effect.

Notice to quit served after reference of contract to rent assessment committee

71

• (1) If, after a Part VII contract has been referred to the First-tier Tribunal by the lessee . . . under section 65 or 68 above, a notice to quit the dwelling-house to which the contract relates is served by the lessor on the lessee at any time before the decision of the First-tier Tribunal is given or within the period of six months thereafter, then, subject to subsection (2) and sections 73 and 74 below, the notice shall not take effect before the expiry of that period.

• (2) In a case falling within subsection (1) above,—

• (a) the First-tier Tribunal may, if it thinks fit, direct that a shorter period shall be substituted for the period of six months specified in that subsection; and

• (b) if the reference to the First-tier Tribunal is withdrawn, the period during which the notice to quit is not to take effect shall end on the expiry of seven days from the withdrawal of the reference.

Application to rent assessment committee for security of tenure where notice to quit is served

72

• (1) Subject to sections 73 and 74(3) below, where—

• (a) a notice to quit a dwelling-house which is the subject of a Part VII contract has been served has been served and

• (b) the Part VII contract has been referred to the First-tier Tribunal under section 65 or 68 above (whether before or after the service of the notice to quit) and the reference has not been withdrawn, and

• (c) the period at the end of which the notice to quit takes effect (whether by virtue of the contract, of section 71 above or of this section) has not expired,

the lessee may apply to the First-tier Tribunal for the extension of the period referred to in paragraph (c) above.

• (2) Where an application is made under this section, the notice to quit to which the application relates shall not have effect before the determination of the application unless the application is withdrawn.

• (3) On an application under this section, the First-tier Tribunal, after making such inquiry as it thinks fit and giving to each party an opportunity of being heard or at his option, of submitting representation in writing, may direct that the notice to quit shall not have effect until the end of such period, not exceeding six months from the date on which the notice to quit would have effect apart from the direction, as may be specified in the direction.

• (4) If the First-tier Tribunal refuses to give a direction under this section,—

• (a) the notice to quit shall not have effect before the expiry of seven days from the determination of the application; and

• (b) no subsequent application under this section shall be made in relation to the same notice to quit.

• (5) On coming to a determination on an application under this section, the First-tier Tribunal shall notify the parties of its determination.

Notices to quit served by owner-occupiers

73

Where a person who has occupied a dwelling-house as a residence (in this section referred to as “the owner-occupier”) has, by virtue of a Part VII contract, granted the right to occupy the dwelling-house to another person and—

• (a) at or before the time when the right was granted, or, if it was granted before 8th December 1965, not later than 7th June 1966) the owner-occupier has given notice in writing to that other person that he is the owner-occupier within the meaning of this section, and

• (b) if the dwelling-house is part of a house, the owner-occupier does not occupy any other part of the house as his residence,

neither section 71 nor section 72 above shall apply where a notice to quit the dwelling-house is served if, at the time the notice is to take effect, the dwelling-house is required as a residence for the owner-occupier or any member of his family who resided with him when he last occupied the dwelling-house as a residence.

Reduction of period of notice on account of lessee's default

74

• (1) The provisions of this section apply where a Part VII contract has been referred to the First-tier Tribunal and the period at the end of which a notice to quit will take effect has been determined by section 71 above or extended under section 72 above.

• (2) If, in a case where this section applies, it appears to the First-tier Tribunal, on an application made by the lessor for a direction under this section,—

• (a) that the lessee has not complied with the terms of the contract, or

• (b) that the lessee or any person residing or lodging with him has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers or as been convicted of using the dwelling-house, or allowing the dwelling-house to be used, for an immoral or illegal purpose, or

• (c) that the condition of the dwelling-house has deteriorated owing to any act or neglect of the lessee or any person residing or lodging with him, or

• (d) that the condition of any furniture provided for the use of the lessee under the contract had deteriorated owing to any ill-treatment by the lessee or any person residing or lodging with him,

the First-tier Tribunal may direct that the period referred to in subsection (1) above shall be reduced so as to end at a date specified in the direction.

• (3) No application may be made under section 72 above with respect to a notice to quit if a direction has been given under this section reducing the period at the end of which the notice is to take effect.

Power of sheriff, in action for possession, to reduce period of notice to quit

75

In any case where—

• (a) a notice to quit a dwelling-house which is the subject of a Part VII contract has been served, and

• (b) the period at the end of which the notice to quit takes effect is for the time being extended by virtue of section 71 or section 72 above, and

• (c) at some time during that period the lessor institutes proceedings before the First-tier Tribunal for possesion of the dwelling-house, and

• (d) in those proceedings the Tribunal is satisfied that any of paragraphs (a) to (d) of section 74(2) above applies,

the Tribunal may direct that the period referred to in paragraph (b) above shall be reduced so as to end at a date specified in the direction.

Notice to quit relating to later Part VII contracts

76

• (1) This section applies to Part VII contracts entered into on or after 1st December 1980.

• (2) Where this section applies, section 71 to 75 above shall not apply, but in any proceedings for possession the First-tier Tribunal may postpone the date of possession for a period, which shall not exceed three months.

• (3) A postponement under subsection (2) above may be made subject to such conditions regarding payment of outstanding rent or other conditions as the Tribunal thinks fit.

Jurisdiction of rent assessment committees

77

Where a Part VII contract is referred to the First-tier Tribunal under this Part of this Act and—

• (a) the contract relates to a dwelling-house consisting of or comprising part only of lands and heritages, and

• (b) no apportionment of the rateable value of the lands and heritages has been made under section 7 above,

then, unless the lessor in the course of the proceedings requires that such an apportionment shall be made and, within two weeks of making the requirement, brings proceedings in the First-tier Tribunal for the making of the apportionment, the First-tier Tribunal shall have jurisdiction to deal with the reference if it appears to it that, had the apportionment been made, it would have had jurisdiction.

Publication of information

78

The local authority shall have power to publish information regarding the provisions of this Part of this Act.

Rent book to be provided

79

• (1) Where rent is payable weekly under a Part VII contract, it shall be the duty of the lessor to provide a rent book or other similar document for use in respect of the dwelling-house, containing particulars of the rent and of the other terms and conditions of the contract.

• (2) If at any time the lessor fails to comply with the requirements of this section he, and any person who on his behalf demands or receives rent under the contract, shall be liable to a fine not exceeding level 4 on the standard scale.

Regulations

80

• (1) The Secretary of State may by statutory instrument make regulations—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) prescribing anything which is required by this Part of this Act to be prescribed;

• (d) prescribing the form of, and the information to be contained in, any rent book or other similar document required by section 79(1) above to be provided; and

• (e) generally for carrying into effect the provisions of this Part of this Act.

• (2) Any statutory instrument making regulations under subsection (1)(d) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part VII

81

• (1) In this Part of this Act, unless the context otherwise requires,—

• (2) References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

• (3) Where separate sums are payable by the lessee of any dwelling-house to the lessor for any two or more of the following, namely—

• (a) occupation of the dwelling-house,

• (b) use of furniture, and

• (c) services,

any reference in this Part of this Act to “rent” in relation to that dwelling-house is a reference to the aggregate of those sums and, where those sums are payable under separate contracts, those contracts shall be deemed to be one contract.

Part VIII — Premiums, etc.

Prohibition of premiums and loans on grant of protected tenancies

82

• (1) Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requires... the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this section.

• (2) Any person who, in connection with the grant, renewal or continuance of a protected tenancy, receives any premium ... shall be guilty of an offence under this section.

• (3) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.

• (4) The court by which a person is convicted of an offence under this section relating to requiring or receiving any premium may order the amount of the premium to be repaid to the person by whom it was paid.

Prohibition of premiums and loans on assignation of protected tenancies

83

• (1) Subject to the following provisions of this section and to section 84 below, any person who, as a condition of the assignation of a protected tenancy, requires the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this section.

• (2) Subject to the following provisions of this section and to section 84 below, any person who, in connection with the assignation of a protected tenancy, receives any premium shall be guilty of an offence under this section.

• (3) Notwithstanding anything in subsections (1) and (2) above, an assignor of a protected tenancy of a dwelling-house may, if apart from this section he would be entitled to do so, require the payment by the assignee or receive from the assignee a payment—

• (a) of so much of any outgoings discharged by the assignor as is referable to any period after the assignation takes effect;

• (b) of a sum not exceeding the amount of any expenditure reasonably incurred by the assignor in carrying out any structural alteration of the dwelling-house or in providing or improving fixtures therein, being fixtures which, as against the landlord, he is not entitled to remove;

• (c) where the assignor became a tenant of the dwelling-house by virtue of an assignation of the protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by that assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in paragraph (b) above; or

• (d) where part of the dwelling-house is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the assignee in connection with the assignation or accruing to him in consequence thereof.

• (4) Without prejudice to subsection (3) above, the assignor shall not be guilty of an offence under this section by reason only that—

• (a) any payment of outgoings required or received by him on the assignation was a payment of outgoings referable to a period before the assignation took effect; or

• (b) any expenditure which he incurred in carrying out structural alterations of the dwelling-house or in providing or improving fixtures therein and in respect of which he required or received the payment of any sum on the assignation was not reasonably incurred; or

• (c) any amount paid by him as mentioned in subsection (3)(c) above was not a reasonable amount; or

• (d) any amount which he required to be paid, or which he received, on the assignation in respect of goodwill was not a reasonable amount;

but nothing in this subsection shall prejudice any right of recovery under section 88(1) below.

• (5) Notwithstanding anything in subsections (1) and (2) above, the provisions of Schedule 7 to this Act shall have effect in relation to the assignation of protected tenancies which are regulated tenancies in cases where a premium was lawfully required or received at the commencement of the tenancy.

• (6) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.

• (7) The court by which a person is convicted of an offence under this section relating to requiring or receiving any premium may order the amount of the premium, or so much of it as cannot lawfully be required or received under this section (including any amount which, by virtue of subsection (4) above, does not give rise to an offence) to be repaid to the person by whom it was paid.

Power to charge premium on assignation of tenancy where premium lawfully charged on earlier assignation

84

• (1) Where before 2nd June 1949 a premium has been paid on the assignation of a protected tenancy, then subject as hereinafter provided section 83 above shall not prevent the requiring or receiving on an assignation of that tenancy after 29th August 1954 of a premium not exceeding the amount hereinafter specified.

• (2) The said amount is an amount which bears to the premium paid on the earlier assignation the same proportion as the period of the tenancy still to run at the time of the later assignation bears to the period of the tenancy still to run at the time of the earlier assignation, it being assumed that no power to determine the tenancy not yet exercised will be exercised either by the landlord or the tenant.

• (3) Where before 2nd June 1949 a premium has been paid on more than one occasion on the assignation of the same tenancy any of those assignations except the last shall be disregarded for the purposes of this section.

• (4) In so far as any premium paid on the assignation of a protected tenancy before 2nd June 1949 has been recovered under the provisions of section 88(1) below, the premium shall be treated for the purposes of the foregoing provisions of this section as not having been paid.

• (5) Where apart from this subsection the requirement or receiving of a premium would be allowable both under the foregoing provisions of this section and under Schedule 7 to this Act, the foregoing provisions of this section shall have effect to the exclusion of the said Schedule 7.

• (6) Any reference in this section to a premium does not include a premium which consisted only of any such outgoings, sum or amount as fall within section 83(3) above and, in the case of a premium which included any such outgoings, sum or amount, so much only of the premium as does not consist of those outgoings, sum or amount shall be treated as the premium for the purposes of this section.

Prohibition of premiums on grant, etc. of Part VII contracts

85

• (1) The provisions of this section apply in relation to any dwelling-house if

• (a) under Part VII of this Act, a rent is registered for that dwelling-house in the register kept in pursuance of section 67 above; and

• (b) in a case where the approval, reduction or increase of the rent by the First-tier Tribunal is limited to rent payable in respect of a particular period, that period has not expired.

• (2) Subject to subsection (3) below, any person who, as a condition of the grant, renewal, continuance or assignation of rights under a Part VII contract, requires the payment of any premium shall be guilty of an offence under this section.

• (3) Nothing in subsection (2) above shall prevent a person from requiring—

• (a) that there shall be paid so much of any outgoings discharged by a grantor or assignor as is referable to any period after the grant or assignation takes effect; or

• (b) that there shall be paid a reasonable amount in respect of goodwill of a business, trade, or profession, where the goodwill is transferred to a grantee or assignee in connection with the grant or assignation or accrues to him in consequence thereof.

• (4) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.

• (5) The court by which a person is convicted of an offence under this section may order the amount of the premium, or so much of it as cannot lawfully be required under this section, to be repaid to the person by whom it was paid.

Excessive price for furniture to be treated as premium

86

Where the purchase of any furniture has been required as a condition of the grant, renewal, continuance or assignation—

• (a) of a protected tenancy, or

• (b) of rights under a Part VII contract which relates to a dwelling-house falling within section 85(1) above,

then, if the price exceeds the reasonable price of the furniture, the excess shall be treated, for the purposes of this Part of this Act, as if it were a premium required to be paid as a condition of the grant, renewal, continuance or assignation of the protected tenancy or, as the case may be, the rights under the Part VII contract.

Punishment of attempts to obtain from prospective tenants excessive prices for furniture

87

• (1) Any person who, in connection with the proposed grant, renewal, continuance or assignation of a protected tenancy on terms which require the purchase of furniture,—

• (a) offers the furniture at a price which he knows or ought to know is unreasonably high, or otherwise seeks to obtain such a price for the furniture, or

• (b) fails to furnish, to any person seeking to obtain or retain accommodation whom he provides with particulars of the tenancy, a written inventory of the furniture, specifying the price sought for each item,

shall be liable to a fine not exceeding level 3 on the standard scale.

• (2) Where a local authority have reasonable grounds for suspecting that an offence under subsection (1)(a) above has been committed with respect to a protected tenancy or proposed protected tenancy of a dwelling-house, they may give notice to the person entitled to possession of the dwelling-house or his agent that, on such date as may be specified in the notice, which shall not to be earlier than 24 hours after the giving of the notice or, if the dwelling-house is unoccupied, than the expiry of such period after the giving of the notice as may be reasonable in the circumstances, facilities will be required for entry to the dwelling-house and inspection of the furniture therein.

• (3) A notice under this section may be given by post.

• (4) Where a notice is given under this section any person authorised by the local authority may avail himself of any facilities for such entry and inspection as are referred to in subsection (2) above which are provided on the specified date but shall, if so required, produce some duly authenticated document showing that he is authorised by the local authority.

• (5) If it is shown to the satisfaction of the sheriff or to a justice having jurisdiction in the place where the dwelling-house is situated, on a sworn statement in writing, that a person required to give facilities under this section has failed to give them, the sheriff or justice may, by warrant under his hand, empower the local authority, by any person authorised by them, to enter the dwelling-house in question, if need be by force, and inspect the furniture therein.

• (6) A person empowered by or under the foregoing provisions of this section to enter a dwelling-house may take with him such other persons as may be necessary and, if the dwelling-house is unoccupied, shall leave it as effectively secured against trespassers as he found it.

• (7) Any person who wilfully obstructs a person acting in pursuance of a warrant issued under subsection (5) above shall be liable to a fine not exceeding level 3 on the standard scale.

Recovery of premiums and loans unlawfully required or received

88

• (1) Where under any agreement (whether made before or after 12th August 1971) any premium is paid after 12th August 1971 and the whole or any part of that premium could not lawfully be required or received under the preceding provisions of this Part of this Act, the amount of the premium or, as the case may be, so much of it as could not lawfully be required or received, shall be recoverable by the person by whom it was paid.

• (2) Nothing in section 82 or 83 above shall invalidate any agreement for the making of a loan or any security issued in pursuance of such an agreement but, notwithstanding anything in the agreement for the loan, any sum lent in circumstances involving a contravention of either of those sections shall be repayable to the lender on demand.

Avoidance of requirements for advance payment of rent in certain cases

89

• (1) Where a protected tenancy which is a regulated tenancy is granted, continued or renewed, any requirement that rent shall be payable—

• (a) before the beginning of the rental period in respect of which it is payable, or

• (b) earlier than six months before the end of the rental period in respect of which it is payable (if that period is more than six months),

shall be void, whether the requirement is imposed as a condition of the grant, renewal or continuance of the tenancy or under the terms thereof; and any requirement avoided by this section is, in the following provisions of this section, referred to as a “prohibited requirement”.

• (2) Rent for any rental period to which a prohibited requirement relates shall be irrecoverable from the tenant.

• (3) Any person who purports to impose any prohibited requirement shall be liable to a fine not exceeding level 3 on the standard scale, and the court by which he is convicted may order any amount of rent paid in compliance with the prohibited requirement to be repaid to the person by whom it was paid.

• (4) Where a tenant has paid on account of rent any amount which, by virtue of this section is irrecoverable by the landlord, then, subject to subsection (6) below, the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

• (5) Subject to subsection (6) below, any amount which a tenant is entitled to recover under subsection (4) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

• (6) No amount which a tenant is entitled to recover under subsection (4) above shall be recoverable at any time after the expiry of two years from the date of payment.

• (7) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this section shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

• (8) If, where any such entry has been made by or on behalf of any landlord, the landlord, on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within seven days, the landlord shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Interpretation of Part VIII

90

• (1) In this Part of this Act, unless the context otherwise requires—

• “furniture” includes fittings and other articles;

• “premium” means any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge;

• “registered rent” means the rent registered under Part V of this Act; and

• “rental period” means a period in respect of which a payment of rent falls to be made.

• (2) For the avoidance of doubt it is hereby declared that nothing in this Part of this Act shall render any amount recoverable more than once.

• (3) For the avoidance of doubt, it is hereby declared that a deposit returnable at the termination of a tenancy or of a Part VII contract given as security for the tenant’s obligations for rent, for accounts for supplies of gas, electricity, telephone or other domestic supplies and for damage to the dwelling-house or contents is not a premium for the purposes of this Part of this Act provided that it does not exceed the amount of two months’ rent payable under the tenancy or under the Part VII contract, as the case may be.

Part IX — Heritable Securities

Heritable securities to which Part IX applies

91

• (1) The heritable securities with which this Part of this Act is concerned are heritable securities which—

• (a) were created before 8th December 1965; and

• (b) are regulated heritable securities as hereinafter defined.

• (2) Any reference in this Part of this Act to a regulated heritable security shall be construed in asccordance with section 92 below.

Regulated heritable securities

92

• (1) Subject to subsection (2) below, a heritable security which falls within section 91(1)(a) is a regulated heritable security if—

• (a) it is a heritable security over land consisting of or including a dwelling-house which is let on or subject to a regulated tenancy; and

• (b) the regulated tenancy is binding on the creditor in the heritable security.

• (2) Notwithstanding that a heritable security falls within subsection (1) above, it is not a regulated heritable security if—

• (a) the rateable value on the appropriate day of the dwelling-house which falls within subsection (1)(a) above, or if there is more than one such dwelling-house comprised in the heritable security, the aggregate of the rateable values of those dwelling-houses on the appropriate day, is less than one-tenth of the rateable value on the appropriate day of the whole of the land comprised in the heritable security; or

• (b) the debtor in the heritable security is in breach of agreement, but for this purpose a breach of the agreement for the repayment of the principal money shall be disregarded unless it provides for repayment by instalments.

Powers of court to mitigate hardship

93

• (1) The powers of the court under this section relate only to regulated heritable securities, and those powers become exercisable in relation to such a heritable security only on an application made by the debtor in the security within 21 days, or such longer time as the court may allow, after the occurrence of one of the following events, that is to say,—

• (a) the rate of interest payable in respect of the heritable security is increased; or

• (b) a rent for a dwelling-house comprised in the heritable security is registered under Part V of this Act and the rent so registered is lower than the rent which was payable immediately before the registration; or

• (c) the creditor in the security, not being a creditor who was in possession on 8th December 1965, demands payment of the principal money secured by the heritable security or takes any steps for exercising any right of foreclosure or sale or for otherwise enforcing his security.

• (2) If the court is satisfied on any such application as is referred to in subsection (1) above that, by reason of the event in question and of the operation of this Act the debtor in the security would suffer severe financial hardship unless relief were given under this section, the court may by order make such provision limiting the rate of interest, extending the time for the repayment of the principal money or otherwise varying the terms of the heritable security or imposing any limitation or condition on the exercise of any right or remedy in respect thereof, as the court thinks appropriate.

• (3) Where the court makes an order under subsection (2) above in relation to a heritable security which comprises other land as well as a dwelling-house or dwelling-houses let on or subject to a regulated tenancy the order may, if the creditor in the security so requests, make provision for apportioning the money secured by the heritable security between that other land and the dwelling-house or dwelling-houses.

• (4) Where such an apportionment is made as is referred to in subsection (3) above, the other provisions of the order made by the court shall not apply in relation to the other land referred to in that subsection and the money secured by the other land, and the heritable security shall have effect for all purposes as two separate heritable securities of the apportioned parts.

• (5) Where the court has made an order under this section it may very or revoke it by a subsequent order.

• (6) The court for the purposes of this section is the sheriff, except that where an application under subsection (1) above is made in pursuance of any step taken by the creditor in the heritable security in the Court of Session, it is that court.

Miscellaneous

94

• (1) In this Part of this Act the expressions “creditor in a heritable security” and “debtor in a heritable security”, however expressed, include any person from time to time deriving title under the original creditor or debtor.

• (2) In the application of this Part of this Act to a dwelling-house subject to a regulated furnished tenancy, for any reference to 8th December 1965 there shall be substituted a reference to 14th August 1974.

Part X — Miscellaneous and General

Release from rent regulation

95

• (1) Where the Secretary of State is satisfied with respect to every part of any area that the number of persons seeking to become tenants there—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) of any class or description of dwelling-house, . . . ,

is not substantially greater than the number of such dwelling-houses in that part, he may by order provide that no such dwelling-house in the area shall be the subject of a regulated tenancy.

• (2) An order under this section may contain such transitional provisions, including provisions to avoid or mitigate hardship, as appear to the Secretary of State to be desirable.

• (3) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

Provisions where tenant shares accommodation with landlord

96

Where under any contract—

• (a) a tenant has the exclusive occupation of any accommodation, and

• (b) the terms on which he holds the accommodation include the use of other accommodation in common with his landlord or in common with his landlord and other persons, and

• (c) by reason only of the circumstances mentioned in paragraph (b) above or by reason of those circumstances and the operation of section 6 above, the accommodation referred to in paragraph (a) above is not a dwelling-house let on a protected tenancy,

Part VII of this Act shall apply to the contract notwithstanding that the rent does not include payment for the use of furniture or for services.

Provisions where tenant shares accommodation with persons other than landlord

97

• (1) Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and

• (a) the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “the shared accommodation”) in common with another person or other persons, not being or including the landlord, and

• (b) by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on or subject to a protected or statutory tenancy,

the separate accommodation shall be deemed to be a dwelling-house let on a protected tenancy or, as the case may be, subject to a statutory tenancy and the following provisions of this section shall have effect.

• (2) For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.

• (3) For the purposes of any provisions of this Act relating to increases of rent, or to the transfer to tenants of burdens or liabilities previously borne by landlords—

• (a) any such change of circumstances as is mentioned in subsection (4) below, being a change affecting so much of the shared accommodation as is living accommodation, shall be deemed to be an alteration of rent;

• (b) where, as the result of any such change as is mentioned in paragraph (a) above, the terms on which the separate accommodation is held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the sum periodically payable by way of rent is increased;

• (c) any increase of rent in respect of any such change as is mentioned in paragraph (a) above where, as a result of the change and of the increase of rent, the terms on which the separate accommodation is held are on the whole not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of rent.

• (4) The change of circumstances referred to in subsection (3) above is any increase or diminution of the rights of the tenant to use accommodation in common with others, or any improvement or worsening of accommodation so used by the tenant.

• (5) Subject to subsection (6) below, while the tenant is in possession of the separate accommodation (whether as a protected or statutory tenant), any term or condition of the contract of tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.

• (6) Where the terms and conditions of the contract of tenancy are such that at any time during the tenancy the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied, or their number could be increased, nothing in subsection (5) above shall prevent those terms and conditions from having effect so far as they relate to any such variation or increase.

• (7) Subject to subsection (8) below and without prejudice to the enforcement of any order made thereunder, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 11(1) above shall apply accordingly.

• (8) Without prejudice to subsection (3) above, the First-tier Tribunal, on the application of the landlord, may make such order, either terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation, or modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise, as the First-tier Tribunal thinks just:

• (9) Any question arising under subsection (3) above shall be determined on the application either of the landlord or of the tenant by the First-tier Tribunal whose decision shall be final and conclusive.

• (10) In this section, “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient to prevent the tenancy from constituting a protected or statutory tenancy of a dwelling-house.

Application of Part VII to tenancies falling within section 6

98

• (1) If and so long as a tenancy is, by virtue only of section 6 above, precluded from being a protected tenancy, it shall be treated for all purposes as a contract to which Part VII of this Act applies, notwithstanding the the rent may not include payment for the use of furniture or for services.

• (2) In any case where—

• (a) a tenancy which, by virtue only of section 6 above, was precluded from being a protected tenancy ceases to be so precluded and accordingly becomes a protected tenancy, and

• (b) before it became a protected tenancy a rent was registered for the dwelling-house concerned under Part VII of this Act,

the amount which is so registered shall be deemed to be registered under Part V of this Act as the rent for the dwelling-house which is let on that tenancy, and that registration shall be deemed to take effect on the day the tenancy becomes a protected tenancy.

• (3) Section 46(3)

above shall not apply to an application for the registration under Part V of this Act of a rent different from that which is deemed to be registered as mentioned in subsection (2) above.

• (4) The reference in section 47(1)(b) above to a rent being registered for a dwelling-house does not include a rent which is deemed to be registered as mentioned in subsection (2) above.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) If, in a case where a tenancy becomes a protected tenancy as mentioned in subsection (2)(a) above,—

• (a) a notice to quit had been served in respect of the dwelling-house concerned before the date on which the tenancy became a protected tenancy, and

• (b) the period at the end of which that notice to quit takes effect had, before that date, been extended under Part VII of this Act, and

• (c) that period has not expired before that date,

the notice to quit shall take effect on the day following that date (whenever it would otherwise take effect) and, accordingly, on that day the protected tenancy shall become a statutory tenancy.

Certain sublettings not to exclude any part of sublessor's premises from protection under the Act

99

• (1) Where the tenant of any premises, consisting of a house or part of a house, has sublet a part, but not the whole, of the premises, then, as against his landlord or any superior landlord, no part of the premises shall be treated as not being a dwelling-house let on or subject to a protected or statutory tenancy by reason only that—

• (a) the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons; or

• (b) part of the premises is let to any such person at a rent which includes payments in respect of board or attendance.

• (2) Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.

Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies

100

• (1) If the tenant of a dwelling-house let on or subject to a protected or statutory tenancy sublets any part of the dwelling-house on a protected tenancy, then, subject to subsection (2) below, he shall within 14 days after the subletting supply the landlord with a statement in writing of the subletting giving particulars of occupancy, including the rent charged.

• (2) Subsection (1) above shall not require the supply of a statement in relation to a subletting of any part of a dwelling-house if the particulars which would be required to be included in the statement as to the rent and other conditions of the subtenancy would be the same as in the last statement supplied in accordance with that subsection with respect to a previous subletting of that part.

• (3) A tenant who is required to supply a statement in accordance with subsection (1) above and who, without reasonable excuse,—

• (a) fails to supply a statement, or

• (b) supplies a statement which is false in any material particular,

shall be liable to a fine not exceeding level 1 on the standard scale.

Landlord's consent to work

101

• (1) It shall be a term of every protected or statutory tenancy (unless express provision is made to the contrary in the tenancy agreement) that the tenant shall not carry out work, other than interior decoration, in relation to the dwelling-house without the consent in writing of the landlord, which shall not be unreasonably withheld.

• (2) In this section, and in Schedule 5 to the Housing (Scotland) Act 1987 as it applies to a protected or statutory tenancy, “work” means—

• (a) alteration, improvement or enlargement of the dwelling-house or of any fittings or fixtures;

• (b) addition of new fittings or fixtures (including wireless or television aerials);

• (c) erection of a garage, shed or other structure,

but does not include repairs or maintenance of any of these.

• (3) The provisions of Schedule 5 to the Housing (Scotland) Act 1987 shall have effect as terms of every protected or statutory tenancy as they have effect as terms of secure tenancies.

Jurisdiction

102

• (A1) The First-tier Tribunal has jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the application of this Act (other than Part IX) or as to any matter which is or may become material for determining any such question.

• (1) The sheriff shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the application of Part IX of this Act or as to any matter which is or may become material for determining any such question.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If under any provision of this Act a person takes proceedings in the Court of Session which he could have taken before the First-tier Tribunal, he shall not be entitled to recover any expenses.

Application to sheriff

103

An application to the sheriff under section 93(1) is to be made by way of summary application.

Rules as to procedure

104

The Court of Session may make such act of sederunt and give such directions as they think fit for the purpose of giving effect to the provisions of Part IX of this Act and may, by such act of sederunt or directions, provide—

• (a) for the conduct so far as desirable in private of any proceedings for the purposes of those provisions and for the remission of any fees; and

• (b) for any question arising under or in connection with those provisions being referred by consent of the parties interested for final determination by the sheriff sitting as an arbiter or by an arbiter appointed by the sheriff.

Powers of local authorities for the purposes of giving information

105

• (1) Any local authority shall have power—

• (a) to publish information, for the assistance of landlords and tenants, as to their rights and duties under the provisions of this Act and as to the procedure for enforcing those rights or securing the performance of those duties; and

• (b) to furnish particulars as to the availability, extent and character of alternative accommodation.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consent of tenant

106

• (1) Where a dwelling-house which does not satisfy the qualifying conditions is subject to a statutory tenancy and the tenant is unwilling to give his consent to the carrying out of the works required for those conditions to be satisfied, then, if those works were specified in an application for a grant under Part II of the Housing (Financial Provisions) (Scotland) Act 1968 or Part I of the Housing (Scotland) Act 1974 or a grant or loan under Part 2 of the Housing (Scotland) Act 2006 (asp 1) and the application has been approved, the sheriff may, on the application of the landlord, make an order empowering him to enter to carry out the works.

• (2) An order under subsection (1) above may be made subject to such conditions as to the time at which the works are to be carried out and as to any provision to be made for the accommodation of the tenant and his household while they are carried out as the sheriff may think fit; and where such an order is made subject to any condition as to time, compliance with that condition shall be deemed to be also compliance with any condition imposed by the local authority under section 27(6A) or section 41(6) of the said Act of 1968 or section 4(2) of the said Act of 1974 or section 75(7) of the said Act of 2006 .

• (3) In determining whether to make such an order and, if it is made, subject to what, if any, conditions, the sheriff shall have regard to all the circumstances (other than the means of the tenant) and, in particular, to any disadvantage to the tenant that might be expected to result from the works and the accommodation that might be available for him while the works are carried out.

• (4) For the purpose of this section, a dwelling-house satisfies the qualifying conditions if it is provided with all the standard amenities, it is in good repair having regard to its age, character and locality and disregarding internal decorative repair, and it meets the tolerable standard.

• (5) In this section—

• “standard amenities” has the meaning given by section 73(6) of the said Act of 2006; and

• “tolerable standard” has the meaning given by section 86 of the Housing (Scotland) Act 1987 (c. 26).

Prosecution of offences

107

• (1) Offences under this Act are punishable summarily unless the context otherwise requires.

• (2) For the avoidance of doubt it is declared that conduct in respect of which a person is made liable to a fine by this Act is an offence.

• (3) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Service of notices on landlord's agents

108

• (1) Subject to subsection (5) and section 114 below, any document required or authorised by this Act to be served by the tenant of a dwelling-house on the landlord thereof shall be deemed to be duly served on him if it is served—

• (a) on any agent of the landlord named as such in the rent book or other similar document; or

• (b) on the person who receives the rent of the dwelling-house.

• (2) Where a dwelling-house is subject to a regulated tenancy, subsection (1) above shall apply also in relation to any document required or authorised by this Act to be served on the landlord by a person other than the tenant.

• (3) Subject to subsection (5) below, if for the purpose of any proceedings (whether civil or criminal) brought or intended to be brought under this Act, any person serves upon any such agent or other person as is referred to in paragraph (a) or paragraph (b) of subsection (1) above a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice.

• (4) If any such agent or other person as is referred to in subsection (3) above fails or refuses forthwith to comply with a notice served on him under that subsection, he shall be liable to a fine not exceeding level 4 on the standard scale, unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him.

• (5) Subsections (1) to (4) above shall not apply to any document required or authorised to be served by, or to any proceedings brought or intended to be brought under, Part VII or Part VIII of this Act, other than proceedings under section 89 above.

Rents of subsidised private houses

109

• (1) Any condition which—

• (a) is mentioned in any of the enactments specified in subsection (2) below, or

• (b) has effect by virtue of any undertaking or agreement entered into in pursuance of any such enactment,

shall, in so far as it relates to the rent to be charged in respect of any dwelling-house, limit that rent, and if such condition was imposed before 6th July 1957, shall have effect is if it limited that rent, to the amount specified in subsection (3) below.

• (2) The enactments referred to in subsection (1) above are—

• (a) section 2 of the Housing (Financial Provisions) Act 1924;

• (b) section 3 of the Housing (Rural Workers) Act 1926;

• (c) section 101 of the Housing (Scotland) Act 1950;

• (d) Schedule 4 to the Housing (Financial Provisions) (Scotland) Act 1968.

• (3) The amount of rent specified in this subsection shall be an amount equal to the rent which might be properly charged in respect of the dwelling-house by virtue of any such condition as is mentioned in subsection (1) above together with any sum recoverable in respect thereof by way of repairs increase or section 50 increase within the meanings assigned to those expressions in section 133(1) of the Rent (Scotland) Act 1971.

Restriction on diligence and expenses

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implied condition in all protected tenancies

111

It shall be a condition of a protected tenancy of a dwelling-house that the tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

Minimum length of notice to quit

112

• (1) No notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling-house shall be valid unless it is in writing and contains such information as may be prescribed and is given not less than four weeks before the date on which it is to take effect.

• (2) In this section “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Regulations under this section may make different provision in relation to different descriptions of lettings and different circumstances.

Rent book to be provided

113

• (1) Where under a protected or statutory tenancy rent is payable weekly, it shall be the duty of the landlord to provide a rent book or other similar document for use in respect of the dwelling-house.

• (2) If at any time the landlord fails to comply with the requirements of this section he, and any person who on his behalf demands or receives rent in respect of the tenancy, shall be liable to a fine not exceeding level 4 on the standard scale.

Service of notices

114

• (1) A notice or other document which requires to be served on a person under any provision of this Act may be given to him—

• (a) by delivering it to him;

• (b) by leaving it at his proper address; or

• (c) by sending it by recorded delivery post to him at that address.

• (2) For the purposes of this section and of section 7 of the Interpretation Act 1978 (references to service by post) in its application to this section, a person’s proper address shall be his last known address.

Interpretation

115

• (1) In this Act, except where the context otherwise requires,—

• “agricultural land” means land used only for agricultural or pastoral purposes or used as woodlands, market gardens, orchards, allotments or allotment gardens and any lands exceeding one-quarter of an acre used for the purpose of poultry farming, but does not include any lands occupied together with a house as a park, garden or pleasure ground or any land kept or preserved mainly or exclusively for sporting purposes;

• “the appropriate day” has the meaning assigned to it by section 7(3) above;

• “converted tenancy” means a tenancy which became a regulated tenancy by virtue of Part VI of, or paragraph 5 of Schedule 2 to, the Rent (Scotland) Act 1971, section 34 of the Housing (Financial Provisions) (Scotland) Act 1972 or section 46(1) of the Tenants’ Rights, Etc. (Scotland) Act 1980; and “the conversion” means the time when the tenancy became a regulated tenancy;

• “First-tier Tribunal” means the First-tier Tribunal for Scotland;

• “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber

• “heritable security” has the same meaning as in the Conveyancing (Scotland) Act 1924 except that it includes a security consituted by ex facie absolute disposition or assignation and a standard security within the meaning of Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970;

• “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part II of this Act would be, entitled to possession of the dwelling-house;

• “let” includes “sub-let”;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “order for possession” means decree of removing or warrant of ejection or other like order; and “action for possession” and “proceedings for possession” shall be construed accordingly;

• “Part VII contract” has the meaning assigned to it in section 63(7) above;

• “premium” has the meaning given in section 90;

• “prescribed” means prescribed by regulations made by the Scretary of State by statutory instrument;

• “protected furnished tenancy”, “regulated furnished tenancy” and “statutory furnished tenancy” mean a protected or, as the case may be, regulated or statutory tenancy—

• (a) under which the dwelling-house concerned is bona fide let at a rent which includes payments in respect of the use of furniture, and

• (b) in respect of which the amount of rent which is fairly attributable to such use, having regard to the value of that use to the tenant, forms a substantial part of the whole rent;

• “protected tenant” and “protected tenancy” shall be construed in accordance with section 1 above;

• “rateable value” shall be construed in accordance with section 7 above;

• “rates” means any charges payable in respect of a rate as defined in the Local Government (Scotland) Act 1947;

• “regulated tenancy” shall be construed in accordance with section 8 above;

• ...

• ...

• “the standard scale” means the standard scale of fines set out in section 225(1) of the Criminal Procedure (Scotland) Act 1995;

• “the statutory maximum” means the prescribed sum as defined in section 225(8) of the Criminal Procedure (Scotland) Act 1995;

• “statutory tenant” and “statutory tenancy” shall be construed in accordance with section 3 above;

• “tenancy” includes “sub-tenancy”;

• “tenancy at a low rent” has the meaning assigned to it by section 2(3) above;

• “tenant” includes statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

• ...

• (2) Any reference in any enactment to a rent tribunal or a private rented housing committee shall have effect as if it were a reference to the First-tier Tribunal.

• (3) Except in so far as the context otherwise requires, any reference in this Act to, or to anything done or omitted under, any provision of this Act shall be construed as including a reference to, or to anything done or omitted under, any enactment which (being repealed) is substantially re-enacted in the said provision.

Application to Crown property

116

• (1) Subject to sections 4 and 63(3)(a) above, this Act shall apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to premises in which no such interest subsists or ever subsisted.

• (2) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

• (3) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, for the purposes of this Act the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

• (4) Where an interest belongs to the Duchy of Cornwall, for the purposes of this Act the Secretary of the Duchy of Cornwall shall be deemed to be the owner of the interest.

Amendments, transitional provisions, repeals, etc.

117

• (1) Subject to subsection (2) below, the enactments specified in Schedule 8 to this Act shall have effect subject to the amendments specified in that Schedule.

• (2) The savings and transitional provisions in Schedule 9 to this Act shall have effect.

• (3) Subject to subsection (2) above, the enactments specified in Schedule 10 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

118

• (1) This Act may be cited as the Rent (Scotland) Act 1984.

• (2) This Act shall come into force at the end of the period of three months beginning with the date on which it is passed.

• (3) This Act shall extend to Scotland only.

SCHEDULE 1

1

The provisions of paragraph 2 or, as the case may be, paragraph 3 of this Schedule shall have effect for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as “the original tenant”) who, immediately before his death, was a protected tenant of the dwelling-house or the statuatory tenant of it by virtue of his previous protected tenancy.

2

The original tenant’s spouse or civil partner where the dwelling-house was that spouse’s or civil partner's only or principal home at the time of the tenant’s death shall be the statutory tenant so long as the said spouse or civil partner retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.

3

Where paragraph 2 above does not apply, but a person who was a member of the original tenant’s family was residing with him at the time of and for the period of six months immediately before his death then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the First-tier Tribunal, shall be the statutory tenant so long as he retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.

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