Rent (Scotland) Act 1984

• (1) The rent officer for any area shall prepare and keep up to date a register for the purposes of this Part of this Act 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 register shall contain, in addition to the rent payable under a regulated tenancy of a dwelling-house—

• (a) the prescribed particulars with regard to the tenancy; and

• (b) a specification of the dwelling-house.

• (3) A copy of an entry in the register certified under the hand of the rent officer or any person duly authorised by him shall be receivable in evidence, and shall be sufficient evidence of that entry, in any court or tribunal and in any proceedings.

• (4) A person requiring such a certified copy shall be entitled to obtain it on payment of the prescribed fee.

• (5) Any entry—

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

• (i) which was kept under section 39 of the Rent (Scotland) Act 1971 before 16th May 1975, or

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

• (b) in a separate part of an old register in which rents are registered for dwelling-houses in respect of tenancies to which sections 55 to 59 below apply.

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 or, as the case may be, in such a separate part of the register kept under this section for that new registration area.

• (6) The old register shall be kept by such rent officer, and made available for inspection in such place or places and in such manner as the Secretary of State may direct; and subsections (3) and (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 registration area” means a registration area established under section 37 of the Rent (Scotland) Act 1971 or section 43 above on or after 16th May 1975.

Applications for registration of rents

46

• (1) An application for the registration of a rent for a dwelling-house may be made to the rent officer by the landlord or the tenant, or jointly by the landlord and the tenant, under a regulated tenancy of the dwelling-house.

• (2) Any such application must be in the prescribed form and contain the prescribed particulars in addition to the rent which it is sought to register.

• (3) Subject to subsection (4) below and section 49A, where a rent for a dwelling-house has been registered under this Act no application by the tenant alone or by the landlord alone for the registration of a different rent for that dwelling-house shall be entertained before the expiry of three years from the relevant date (as defined in subsection (5) below) except on the ground that, since that date, there has been such a change in the condition of the dwelling-house (including the making of any improvement therein), the terms of the tenancy, the quantity, quality or condition of any furniture provided for use under the tenancy (excluding any deterioration in that furniture due to fair wear and tear) or any other circumstances taken into consideration when the rent was registered or confirmed as to make the registered rent no longer a fair rent.

• (3A) An application such as is mentioned in subsection (3) above shall not be entertained 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.

• (4) An application such as is mentioned in subsection (3) above which is made by the landlord alone and is so made within the last three months of the period of three years referred to in that subsection may be entertained before the expiry of that period, notwithstanding that the application is not made upon any of the grounds mentioned in that subsection.

• (5) In this section and section 47 below, “relevant date”, in relation to a rent which has been registered under this Part of this Act, means the date from which the registration took effect or, in the case of a registered rent which has been confirmed by the rent officer, the date from which the confirmation (or, where there have been two or more confirmations, the last of them) took effect but does not mean the date from which registration took effect under section 49A of this Act.

• (6) For the purposes of subsection (5) above, where a rent is registered as a result of a decision of the First-tier Tribunal the date from which that registration took effect shall be taken to be the date on which the rent determined by the rent officer was registered or, as the case may be, the confirmation of the registered rent by the rent officer was noted.

• (7) No application for the registration of a rent for a dwelling-house shall be entertained at a time when there is in operation, with respect to that dwelling-house, a condition relating to rent imposed under any of the following enactments, that is to say,—

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

• (b) section 101 of the Housing (Scotland) Act 1950 and

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

• (8) Subject to section 47(4)

below, the provisions of Part I of Schedule 5 to this Act shall have effect with respect to the procedure to be followed on applications for the registration of rents.

Certificates of fair rent

47

• (1) A person intending—

• (a) to provide a dwelling-house by the erection or conversion of any premises or to make any improvements in a dwelling-house, or

• (b) to let on a regulated tenancy a dwelling-house which is not for the time being subject to such a tenancy and which satisfies the condition either that no rent for it is registered under this Part of this Act or that a rent is so registered but not less than three years have elapsed since the relevant date (as defined in section 46(5) above),

may apply to the rent officer for a certificate, to be known as a certificate of fair rent, specifying a rent which, in the opinion of the rent officer, would be a fair rent under a regulated tenancy of the dwelling-house or, as the case may be, of the dwelling-house after the erection or conversion or after the completion of the improvements.

• (2) The regulated tenancy to which the application for the certificate of fair rent relates shall be assumed to be a tenancy on such terms as may be specified in the application and, except in so far as other terms are so specified, on the terms that the tenant would be liable for internal decorative repairs, but no others, and that no services or furniture would be provided for him.

• (3) The provisions of Schedule 6 to this Act shall have effect with respect to applications for certificates of fair rent.

• (4) Subject to section 46(7)above, where a certificate of fair rent has been issued in respect of a dwelling-house, an application for the registration of a rent for the dwelling-house in accordance with the certificate may be made within three years of the date of the certificate either,—

• (a) by the landlord under such a regulated tenancy of the dwelling-house as is specified in the certificate; or

• (b) by a person intending to grant such a regulated tenancy of the dwelling-house;

and, in lieu of the provisions of Part I of Schedule 5 to this Act, the provisions of Part II of that Schedule shall have effect with respect to an application so made.

Determination of fair rent

48

• (1) In determining for the purposes of this Part of this Act what rent is or would be a fair rent under a regulated tenancy of a dwelling-house, it shall be the duty of the rent officer or, as the case may be, of the First-tier Tribunal, subject to the provisions of this section, to have regard to all the circumstances (other than personal circumstances), and in particular to apply their knowledge and experience of current rents of comparable property in the area, as well as having regard to the age, character and locality of the dwelling-house in question and to its state of repair and, if any furniture is provided for use under the tenancy, the quantity, qualtiy and condition of the furniture.

• (2) For the purposes of determination it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to rent) of the regulated tenancy is not substantially greater than the number of such dwelling-houses in the locality which are available for letting on such terms.

• (3) There shall be disregarded—

• (a) any disrepair or other defect attributable to a failure by the tenant under the regulated tenancy or any predecessor in title of his to comply with any terms thereof, and

• (b) any improvement (including any improvement to the furniture provided for use under the tenancy), or the replacement of any fixture or fitting carried out, otherwise than in pursuance of the terms of the tenancy, by the tenant under the regulated tenancy or any predecessor in title of his, and

• (c) if any furniture is provided for use under the regulated tenancy, any deterioration in the condition of the furniture due to any ill-treatment by the tenant, any person residing or lodging with him, or any subtenant of his.

• (4) In the application of this section to a converted tenancy, the references in subsection (3) above to the tenant under the regulated tenancy shall include references to the tenant under the tenancy before the conversion.

Amount to be registered as rent

49

• (1) The amount to be registered as the rent of any dwelling-house shall include any sums payable by the tenant to the landlord for the use of furniture or for services or in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house or are payable under separate agreements.

• (2) Subject to subsection (3) below, there shall be noted separately on the register the amount, if any, of the registered rent which, in the opinion of the rent officer or the First-tier Tribunal, is fairly attributable to each of the following—

• (a) the use of furniture;

• (b) the provision of services;

• (c) the use of part of the premises comprised in a dwelling-house as a shop or office or for business, trade or professional purposes.

• (d) the council tax.

• (3) There shall not be noted on the register under subsection (2) above any amount which in the opinion of the rent officer or rent assessment committee is less than 5 per cent. of the registered rent.

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

• (6) Where, under a regulated tenancy, the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of any services provided by the landlord or a superior landlord or of any works of maintenance or repair carried out by the landlord or a superior landlord, the amount to be registered under this Part of this Act as rent may, if the rent officer is satisfied or, as the case may be, the rent assessment committee are satisfied, that the terms as to the variation are reasonable, be entered as an amount variable in accordance with those terms.

Effect of registration of rent

50

• (1) Subject to subsection (2) below, the registration of a rent for a dwelling-house takes effect if the rent was determined by the rent officer, from the date when it was registered.

• (2) If (by virtue of section 46(4)

above) an application for registration of rent is made before the expiry of the period of three years referred to in subsection (3) of that section, the registration of a rent for a dwelling-house does not take effect before the end of that period.

• (3) If, on application for the registration of a different rent, the rent officer confirms the rent for the time being registered, the confirmation of that rent takes effect from the date when it is noted in the register.

• (4) If the rent for a dwelling-house is determined by the First-tier Tribunal, the registration of that rent takes effect from the date when the First-tier Tribunal makes its decision.

• (5) The date from which the registration or confirmation of a rent takes effect shall be entered in the register.

• (6) As from the date on which the registration of a rent takes effect any previous registration of a rent for a dwelling-house ceases to have effect.

• (7) Where a valid notice of increase under any provision of Part IV of this Act has been served on a tenant and, in consequence of the registration of a rent, part but not the whole of the increase specified in the notice becomes irrecoverable from the tenant, the registration shall not invalidate the note, but the notice shall, as from the date from which the registration takes effect, have effect as if it specified such part only of the increase as has not become irrecoverable.

Cancellation of registration of rent

51

• (1) Where a rent agreement is made in writing as respects a dwelling-house for which a rent is registered, an application may be made in accordance with this section for the cancellation of the registration.

• (2) The application shall be made jointly by the landlord and the tenant under the agreement to the rent officer, and the application shall not be entertained before the expiry of three years from the relevant date as defined in section 46(5) above.

• (3) An application under this section must be in the prescribed form and contain the prescribed particulars, and must be accompanied by a copy of the rent agreement.

• (4) The Secretary of State may make regulations under section 53 below prescribing the procedure on an application under this section.

• (5) If the rent officer is satisfied that the rent payable under the rent agreement does not exceed a fair rent for the dwelling-house, he shall, subject to subsection (6) below, cancel the registration, and he shall make an entry in the register of that fact and of the date from which the cancellation takes effect.

• (6) Where under the terms of the rent agreement the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of any services provided by the landlord, the rent officer shall not cancel the registration unless he is satisfied that those terms are reasonable.

• (7) The cancellation of the registration shall be without prejudice to a further registration of a rent at any time after concellation.

• (8) The rent officer shall notify the applicants of his decision to grant, or to refuse, any application under this section and, where he grants the application, of the date from which the cancellation takes effect.

• (9) In this section “rent agreement” means—

• (a) an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or

• (b) where a regulated tenancy is terminated, and a new regulated tenancy is granted at a rent exceeding the rent under the previous tenancy, the grant of the new tenancy.

Cancellation at instance of landlord

52

Where the rent for a dwelling-house has been registered but the dwelling-house has ceased to be let under a regulated tenancy, an application to the rent officer may be made by the landlord in accordance with this section for the cancellation of the registration, and the provisions of section 51(2) to (4), (7) and (8) above shall apply, with any necessary modifications, to an application made under this section as they apply to an application made under the said section 51.

Regulations

53

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

• (a) prescribing the form of any notice, application, register or other document to be given, made or used in pursuance of this Part of this Act;

• (b) regulating the procedure to be followed by rent officers ... whether under this Act , the Housing (Scotland) Act 1988 or Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016; and

• (c) prescribing anything required or authorised to be prescribed by this Part of this Act.

• (2) Regulations under subsection (1)(b) above may contain provisions modifying section 46, 47 or 50 above or Schedule 5 or 6 to this Act; but no regulations containing such provisions shall have effect unless approved by a resolution of each House of Parliament.

• (3) Regulations made under this section shall be made by statutory instrument which, except in a case falling within subsection (2) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part V

54

• (1) In this Part of this Act—

• “improvement” includes structural alteration, extension or addition and the provision of additional fixtures or fittings, but does not include anything done by way of decoration or repair;

• “prescribed” means prescribed by regulations under section 53 above, and references to a prescribed form include references to a form substantially to the same effect as the prescribed form;

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

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

Part VI — Rent Limit for Dwelling-houses Let by Housing Associations and the Housing Corporation

Tenancies to which sections 55 to 59 apply

55

This section and sections 56 to 59 below apply to a tenancy where—

• (a) the interest of the landlord under that tenancy belongs to a housing association or to the Housing Corporation, and

• (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.