Legalize / United Kingdom / Public General Act

Rent (Scotland) Act 1984

Type Public General Act

Publication 1984-10-31

Last updated 2023-09-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 or paragraph 3 above is in this Schedule referred to as “the first successor”.

5

If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 6 or, as the case may be, paragraph 7 below shall have effect for the purpose of determining who is the statutory tenant after the death of the first successor.

6

The first successor’s spouse or civil partner , where the dwelling-house was his 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.

7

Where paragraph 6 above does not apply but a person who was a member of the first successor’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.

8

(1) ) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

(a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraphs 6 and 7 above shall apply on his death.

(b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule.

(2) Sub-paragraph (1) above applies even if—

(a) a successor enters into more than one other tenancy of the dwelling-house, and

(b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house.

(3) This paragraph shall apply—

(a) as respects any succession which takes place on or after 27th August 1972; and

(b) as respects a succession which took place before that date if the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date.

(4) In this paragraph—

“succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly.

“tenancy” means “regulated tenancy” and “tenancies” shall be construed accordingly.

9

Paragraphs 5 to 7 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act 1965.

SCHEDULE 2

Part I — Certain cases in which First-tier Tribunal may order possession

Case 1

Where any rent lawfully due from the tenant has not been paid, or any obligation of the protected or statutory tenancy which arises under this Act, or—

has been broken or not performed.

In determining whether any rent lawfully due from a tenant has been paid in any case where the rent is payable in advance, any sums paid by the tenant in satisfaction of a decree or decrees for rent and expenses shall, if the action in which any such decree was obtained was raised before the expiry of the period in respect of which the rent sued for was due, be imputed wholly to rent and not to expenses.

Case 2

Where the tenant or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes.

Case 3

Where the condition of the dwelling-house has, in the opinion of the court, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any act of waste by, or the neglect or default of, a person lodging with title tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be.

Case 4

Where the condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any ill-treatment by a person lodging with the tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be.

Case 5

Where the tenant has given notice to quit and, in consequence of that notice, the landlord has contracted to sell or let the dwelling-house or has taken any other steps as the result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession.

Case 6

Where, without the consent of the landlord, the tenant has, at any time after 8th December 1965 or, in the case of a regulated furnished tenancy, after 14th August 1974 or, in the case of a tenancy which became a regulated tenancy by virtue of section 4(3) above, after 30th November 1980, assigned or sub-let the whole of the dwelling-house or sub-let part of the dwelling-house the remainder already being sub-let.

Case 7

Where the dwelling-house is reasonably required by the landlord for occupation as a residence for some person engaged in his whole-time employment, or in the whole-time employment of some tenant from him or with whom, conditional on housing accommodation being provided, a contract for such employment has been entered into, and either

Case 8

Where the dwelling-house is reasonably required by the landlord for occupation as a residence for—

and the landlord did not become landlord by purchasing the dwelling-house or any interest therein after 23rd March 1965 or, in the case of a dwelling-house subject to a regulated furnished tenancy, after 24th May 1974 or, if the dwelling-house was on 7th November 1956 let on or subject to a controlled tenancy, after 7th November 1956.

Case 9

Where the court is satisfied that the rent charged by the tenant—

Case 10

Where the dwelling-house is so overcrowded as to be dangerous or injurious to the health of the inmates, and the court is satisfied that the overcrowding could have been abated by the removal of any lodger or sub-tenant (not being a parent or child of the tenant) whom it would, having regard to all the circumstances of the case, including the question whether other accommodation is available for him, have been reasonable to remove, and that the tenant has not taken such steps as he ought reasonably to have taken for his removal.

Part II — Further cases in which First-tier Tribunal may order possession

Case 11

Where a person who occupied the dwelling-house as his residence (in this Case referred to as " the owner-occupier") let it on a regulated tenancy and—

Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (a) or paragraph (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

For the purposes of this Case, the giving of a notice before 14th August 1974 under section 73 above shall be treated in the case of a regulated furnished tenancy as compliance with paragraph (a) above.

Case 12

Where a person (in this Case referred to as " the owner ") who acquired the dwelling-house or any interest therein with a view to occupying it as his residence at such time as he might retire from regular employment let it on a regulated tenancy before he has so retired and—

Case 13

Where the dwelling-house is let under a tenancy for a specified period not exceeding eight months and—

and for the purposes of this Case a tenancy shall be treated as being for a specified period—

Case 14

Where the dwelling-house is let under a tenancy for a specified period not exceeding 12 months and—

and for the purposes of this Case a tenancy shall be treated as being for a specified period—

Case 15

Where—

and the short tenancy has terminated:

Provided that, where a further tenancy has been created by agreement between the landlord and the tenant no application for an order for possession under this Case shall be made before the end of the period of that tenancy.

Case 16

Where the dwelling-house is held for the purpose of being available for occupation by a minister or a full-time lay missionary of any religious denomination as a residence from which to perform the duties of his office and the dwelling-house has been let on a regulated tenancy, and—

Case 17

Where the dwelling-house was at any time occupied by a person under the terms of his employment as a person employed in agriculture and the dwelling-house has been let on a regulated tenancy, and—

and for the purposes of this Case " employed ", " employment" and " agriculture " have the same meanings as in the Agricultural Wages (Scotland) Act 1949.

Case 18

Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the land comprised in the amalgamation, and

and for purposes of this Case " employed " and " agriculture " have the same meanings as in the Agricultural Wages (Scotland) Act 1949 and " amalgamation" has the same meaning as in Part II of the Agriculture Act 1967.

Case 19

Where a dwelling-house has been let on a regulated tenancy and—

and for the purposes of this Case " employed " and " agriculture " have the same meanings as in the Agricultural Wages (Scotland) Act 1949 and "amalgamation" has the same meaning as in Part II of the Agriculture Act 1967.

Case 20

Where a dwelling-house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the dwelling-house and—

Case 21

Where the dwelling-house is let by a person (in this Case referred to as " the owner ") at any time after 30th November 1980 and—

Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (c) or paragraph (d) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of these paragraphs, as the case may require. In this Case " regular armed forces of the Crown " has the same meaning as in section 1 of the House of Commons Disqualification Act 1975.

Part III — Provisions Applicable to Case 8 and Part II above

1

the First-tier Tribunal shall not make an order for possession of a dwelling-house by reason only that the circumstances of the case fall within Case 8 in Part I of this Schedule if the Tribunal is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting the order than by refusing to grant it.

2

Any reference in Part II of this Schedule to the relevant date shall be construed as follows:—

(a) except in the case of a regulated furnished tenancy, if the protected tenancy, or in the case of a statutory tenancy the previous contractual tenancy, was created before 8th December 1965, the relevant date means 7th June 1966;

(b) in the case of a regulated furnished tenancy, if the tenancy or, in the case of a statutory furnished tenancy, the previous contractual tenancy was created before 14th August 1974, the relevant date means 14th February 1975;

(c) in the case of a tenancy which became a regulated tenancy by virtue of section 4(3) above, the relevant date means 8th February 1981; and

(d) in any other case, the relevant date means the date of the commencement of the regulated tenancy in question.

Part IV — Suitable Alternative Accommodation

1

For the purposes of section 11(1)(a) above, a certificate of the housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

2

Where no certificate as is mentioned in paragraph 1 above is produced to the First-tier Tribunal, accommodation shall be deemed to be suitable for the purposes of section 11(1)(a) above if it consists of either—

(a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, or

(b) premises to be let as a separate dwelling on terms which will, in the opinion of the Tribunal, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part II of this Act in the case of a protected tenancy,

and in the opinion of the Tribunal, the accommodation fulfils the relevant conditions as defined in paragraph 3 below.

3

(1) For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—

(a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any housing authority for persons whose needs as regards extent are, in the opinion of the First-tier Tribunal, similar to those of the tenant and his family; or

(b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character;

and that if any furniture was provided for use under the protected or statutory tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.

(2) For the purposes of sub-paragraph (1)(a) above, a certificate of a housing authority stating—

(a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and

(b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

4

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of section 135 of the Housing (Scotland) Act 1987.

5

Any document purporting to be a certificate of a housing authority named therein issued for the purposes of this Schedule and to be signed by the clerk to that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

6

In this Schedule “housing authority” means a local authority for the purposes of Part I of the Housing (Scotland) Act 1987, and “district”, in relation to such an authority, means the district for supplying the needs of which the authority has power under that Part of that Act.

SCHEDULE 3

1

For the purposes of sections 30 and 49 above, the amount of rates for any rental period shall be taken, subject to the following provisions of this Schedule, to be an amount which bears to the total rates payable during the relevant rating period the same proportion as the length of the rental period bears to the length of the relevant rating period.

2

In this Schedule " the relevant rating period ", in relation to a rental period, means the rating period during which the rent for that rental period is payable.

3

The amount of the rates for any rental period which precedes the making, by the authority levying the rates, of their first demand for, or for an instalment of, the rates for the relevant rating period shall be calculated on the basis that the rates for that rating period will be the same as for the last preceding rating period.

4

(1) On the making, by the authority levying the rates, of their first such demand, and on the making by them of any subsequent such demand, the amount of the rates for any rental period shall if necessary be recalculated on the basis that the rates for the relevant rating period will be such as appears from the information given in the demand and any previous demands.

(2) Any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than six months before the date of the service of the demand giving rise to the recalculation.

5

(1) If, as a result of the settlement of a question such as is mentioned in sub-paragraph (2) below, the rates payable for the relevant rating period are decreased, the amount of the rates for a rental period shall be recalculated so as to give effect to the decrease ; but any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than six months before the date of the settlement of the question.

(2) The question referred to in this paragraph is a question which is the subject of an appeal or complaint duly made in accordance with the provisions of the Lands Valuation (Scotland) Act 1854 and the Acts amending that Act

6

In computing the rates for any rental period for the purposes of this Schedule, any discount, and any allowance made under any of the enactments relating to allowances given where rates are paid by the owner instead of by the occupier, shall be left out of account, and accordingly those rates shall be computed as if no such discount or allowance had fallen to be, or had been, allowed or made.

SCHEDULE 4

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SCHEDULE 5

Part I — Applications Unsupported by Certificate of Fair Rent

Procedure on applications to rent officer

1

On receiving any application for the registration of a rent, the rent officer may, by notice in writing served on the landlord or the tenant (whether or not the applicant or one of the applicants), require him to give to the rent officer, within such period of not less than 14 days from the service of the notice as may be specified in the notice, such information as he may reasonably require regarding such of the particulars contained in the application as may be specified in the notice.

2

Where the application is made by the landlord alone the rent officer shall serve on the tenant, and where it is made by the tenant alone he shall serve on the landlord, a notice informing him of the application and specifying a period of not less than 14 days from the service of the notice during which representations in writing may be made to the rent officer against the registration of the rent specified in the application.

3

(1) Where—

(a) the application is made jointly by the landlord and the tenant, or

(b) no representations are made as mentioned in paragraph 2 above,

and it appears to the rent officer, after making such inquiry, if any, as he thinks fit and considering any information supplied to him in pursuance of paragraph 1 above, that the rent specified in the application is a fair rent, he may register that rent without further proceedings.

(2) Where the rent officer registers a rent under this paragraph he shall notify the landlord and tenant accordingly.

4

Where the rent officer, in carrying out his functions under this Part of this Schedule, inspects a dwelling-house, he shall explain to the tenant or to his spouse, if either is present at the inspection, the procedure upon an applcation for the registration of a rent under this Part of this Schedule.

5

(1) Where representations are made as mentioned in paragraph 2 above or the rent officer is not satisfied that the rent specified in the application is a fair rent or, as the case may be, that the rent for the time being registered is any longer a fair rent, he shall serve a notice under this paragraph.

(2) A notice under this paragraph shall be served on the landlord and on the tenant informing them that the rent officer proposes, at a time (which shall not be earlier than seven days after the service of the notice) and place specified in the notice to consider in consultation with landlord and the tenant, or such of them as may appear at that time and place, what rent ought to be registered for the dwelling-house or, as the case may be, whether a different rent ought to be so registered.

(3) At any such consultaion the landlord and the tenant may each be represented by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

6

After considering, in accordance with paragraph 5 above, what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, the rent officer shall, as the case may require,—

(a) determine a fair rent and register it as the rent for the dwelling-house; or

(b) confirm the rent for the time being registered and note the confirmation in the register;

and shall notify the landlord and the tenant accordingly by a notice stating that if, within 28 days of the service of the notice or such longer period as he or the First-tier Tribunal may allow, an objection in writing is received by the rent officer from the landlord or the tenant the matter will be referred to the First-tier Tribunal.

7

(1) If such an objection as is mentioned in paragraph 6 above is received, then—

(a) if it is received within the period of 28 days specified in that paragraph or the First-tier Tribunal so directs the rent officer shall refer the matter to the First-tier Tribunal;

(b) if it is received after the expiry of that period the rent officer may either refer the matter to the First-tier Tribunal or seek the directions of the First-tier Tribunal whether so to refer it.

(2) The rent officer shall indicate in the register whether the matter has been referred to the First-tier Tribunal in pursuance of this paragraph.

Determination of fair rent by the First-tier Tribunal

8

(1) The First-tier Tribunal to whom a matter is referred under paragraph 7 above—

(a) may by notice in the prescribed form served on the landlord or the tenant require him to give to the First-tier Tribunal, within such period of not less than 14 days from the service of the notice as may be specified in the notice, such further information, in addition to any given to the rent officer in pursuance of paragraph 1 above, as it may reasonably require; and

(b) shall serve on the landlord and on the tenant a notice specifying a period of not less than 14 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the First-tier Tribunal.

(2) If any person fails without reasonable cause to comply with any notice served on him under sub-paragraph (1)(a) above, he shall be liable to a fine not exceeding level 3 on the standard scale.

(3) Where an offence under sub-paragraph (2) above 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 corportate 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.

9

Where, within the period specified in paragraph 8(1)(b) above, or such further period as the First-tier Tribunal may allow, the landlord or the tenant requests to make oral representations the First-tier Tribunal shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

10

(1) The First-tier Tribunal shall make such inquiry, if any, as it thinks fit and consider any information supplied or representation made to it in pursuance of paragraph 8 or 9 above and—

(a) if it appears to it that the rent registered or confirmed by the rent officer is a fair rent, it shall confirm that rent;

(b) if it does not appear to it that that rent is a fair rent, it shall determine a fair rent for the dwelling-house.

(2) Where the First-tier Tribunal confirm or determine a rent under this paragraph it shall notify the landlord, the tenant and the rent officer of its decision and, in the case of the determination of a rent, of the date on which its decision was made.

(3) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the First-tier Tribunal as the rent for the dwelling-house.

Part II — Applications Supported by Certificate of Fair Rent

Procedure on applications to rent officer

11

(1) On receiving an application for the registration of a rent which is made as mentioned in section 47(4) above, the rent officer shall ascertain whether the works specified in the certificate of fair rent have been carried out in accordance with the plans and specifications which accompanied the application for the certificate or, as the case may be, whether—

(a) the condition of the dwelling-house is the same as at the date of the certificate, and

(b) if any furniture is or is to be provided for use under a regulated tenancy of the dwelling-house, the quantity, quality and condition of the furniture in the dwelling-house accord with the prescribed particulars contained in the application for the certificate.

(2) If the rent officer is satisfied that the works have been so carried out or, as the case may be, that—

(a) the dwelling-house is in the same condition as at the date of the certificate, and

(b) if any furniture is or is to be provided for use under a regulated tenancy of the dwelling-house, the quantity, quality and condition of the furniture in the dwelling-house accord with the prescribed particulars contained in the application for the certificate,

he shall register the rent in accordance with the certificate.

(3) If the rent officer is not satisfied as mentioned in sub-paragraph (2) above, he shall serve on the applicant a notice stating the matters with respect to which he is not so satisfied and informing him that if, within 14 days from the service of the notice or such longer period as the rent officer or the First-tier Tribunal may allow, the applicant makes a request in writing to that effect, the rent officer will refer the matter to the First-tier Tribunal.

12

If such a request as is mentioned in paragraph 11(3) above is made, then—

(a) if it is made within the period of 14 days specified in that paragraph or the First-tier Tribunal so directs, the rent officer shall refer the matter to the First-tier Tribunal;

(b) if it is made after the expiry of that period, the rent officer may either refer the matter to the First-tier Tribunal or seek the directions of the First-tier Tribunal whether so to refer it

Procedure on references to private rented housing committee

13

(1) Where a matter is referred under paragraph 12 to the First-tier Tribunal shall give the applicant an opportunity to make representations in writing or to be heard either in person or by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

(2) After considering any representations made, under sub-paragraph (1) above, the First-tier Tribunal shall notify the rent officer and the applicant whether it is satisfied as mentioned in paragraph (2) above and—

(a) if it is so satisfied it shall direct the rent officer to register the rent in accordance with the certificate;

(b) if it is not so satisfied it shall direct the rent officer to refuse the application for registration.

Provisional registration

14

Where a rent is registered in pursuance of such an application as is mentioned in paragraph 11(1) above by a person who intends to grant a regulated tenancy, the registration shall be provisional only until the regulated tenancy is granted and shall be of no effect unless the rent officer is notified in the prescribed manner, within one month from the date of the registration or such longer time as the rent officer may allow, that the regulated tenancy has been granted.

15

Where a registration is made as mentioned in paragraph 14 above, the rent officer shall indicate in the register that it is so made and—

(a) if he is notified as mentioned in that paragraph that the regulated tenancy has been granted he shall indicate that fact in the register;

(b) if he is not so notified he shall delete the registration.

Part III — Supplemental

16

There shall be included, among the matters with respect to which representations may be made or consultations are to be held or notices to be given under Parts I and II of this Schedule, any amount to be noted in the register in pursuance of section 49(2) above and any amount to be recorded in the register in pursuance of an order made under section 33 above.

SCHEDULE 6

1

An application for a certificate of fair rent—

(a) must be in the prescribed form;

(b) must state the rent to be specified in the certificate;

(c) in the case mentioned in paragraph (a) of section 47(1) above, must be accompanied by plans and specifications of the works to be carried out and, if the works to be carried out are works of improvement, must state whether the dwelling-house is for the time being subject to a regulated tenancy; and

(d) if any furniture is to be provided for use under a regulated tenancy of the dwelling-house, must contain the prescribed particulars with regard to any such furniture.

2

(1) If it appears to the rent officer that the information supplied to him is insufficient to enable him to issue a certificate of fair rent he shall serve on the applicant a notice stating that he will not entertain the application and that, if a request in writing to that effect is made by the applicant within 14 days from the service of the notice or such longer period as a rent officer or the First-tier Tribunal may allow, the rent officer will refer the application to the First-tier Tribunal.

(2) If such a request is made, then—

(a) if it is made within the period of 14 days referred to in sub-paragraph (1) above or the First-tier Tribunal so directs, the rent officer shall refer the application to the First-tier Tribunal;

(b) if it is made after the expiry of that period, the rent officer may either refer the application to the First-tier Tribunal or seek the directions of the First-tier Tribunal whether so to refer it.

3

If it appears to the rent officer that the information supplied to him is sufficient and that the rent stated in the application would be a fair rent he may, unless the dwelling-house is subject to a regulated tenancy, issue a certificate specifying that rent and the other terms referred to in section 47(2) above.

4

(1) If it appears to the rent officer that the information is sufficient but either—

(a) he is not satisfied that the rent stated in the application would be a fair rent, or

(b) the dwelling-house is subject to a regulated tenancy,

he shall serve on the applicant a notice stating that he proposes, at a time (which shall not be earlier than seven days after the service of the notice) and place specified in the notice, to consider in consultation with the applicant, if present at that time and place, what rent ought to be specified in the certificate.

(2) At any such consultation the applicant may be represented by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

5

After considering in accordance with paragraph 4 above what rent ought to be specified in the certificate, the rent officer shall determine a fair rent and shall serve on the applicant a notice stating that he proposes to issue a certificate specifying that rent, unless within 14 days from the service of the notice, or such longer period as the rent officer or the First-tier Tribunal may allow, the applicant requests in writing that the application should be referred to the First-tier Tribunal.

6

(1) If such a request as is referred to in paragraph 5 above is made, then—

(a) if it is made within the period of 14 days referred to in that paragraph or the First-tier Tribunal so directs, the rent officer shall refer the application to the First-tier Tribunal;

(b) if it is made after the expiry of that period, the rent officer may either refer the application to the First-tier Tribunal or seek the directions of the First-tier Tribunal whether so to refer it.

(2) If no such request is made or if such a request is made but the application is not referred to the First-tier Tribunal, the rent officer shall issue the certificate.

7

(1) Where an application is referred to the First-tier Tribunal, then if the reference is under paragraph 2 above and it appears to the First-tier Tribunal that the information supplied by the applicant to the rent officer is insufficient to enable a certificate of fair rent to be issued it shall notify the applicant accordingly.

(2) In any other case where an application is referred to the First-tier Tribunal, it shall serve on the applicant a notice specifying a period of not less than 14 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the First-tier Tribunal.

(3) Where, within the period specified under sub-paragraph (2) above or such further period as the First-tier Tribunal may allow, the applicant requests to make oral representations, the First-tier Tribunal shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

8

(1) After considering any representation made to them in pursuance of paragraph 7 above, the First-tier Tribunal shall determine a fair rent for the dwelling-house and shall notify the applicant and the rent officer accordingly.

(2) On receiving the notification the rent officer shall issue to the applicant a certificate of fair rent specifying the rent determined by the First-tier Tribunal.

9

Where an application under this Schedule is made with respect to a dwelling-house which it is intended to improve and the dwelling-house is subject to a regulated tenancy—

(a) a notice under paragraph 4, 5, 7(2) or 8 above shall be served on the tenant as well as on the applicant and any notice served under paragraph 4, 5 or 7(2) above shall refer to consultation with, or, as the case may be, a request or representations by, the tenant as well as the applicant;

(b) the tenant may make representations, request reference to a rent assessment committee and be present or represented in like ma nner as the applicant, and references in this Schedule to the applicant shall be construed accordingly; and

10

Where the rent specified in a certificate of fair rent includes any amount which, if the rent specified in the certificate had been registered, would require to be noted on the register in pursuance of section 49(2) above, that amount shall be noted on the certificate; and there shall be included among the matters with respect to which representations may be made or consultations are to be held or notices to be given under this Schedule, any amount to be noted on the certificate in pursuance of this paragraph.

SCHEDULE 7

1

(1) The provisions of this Schedule apply where—

(a) a premium was lawfully required and paid, or lawfully received, in respect of the grant, continuance or renewal of a protected tenancy of a dwelling-house which is a regulated tenancy; and

(b) since that grant, continuance or renewal, the landlord has not granted a tenancy of the dwelling-house under which, as against the landlord, a person became entitled to possession, other than the person who was so entitled to possession of the dwelling-house immediately before that tenancy began; and

(c) a rent for the dwelling-house is registered under Part V of this Act and the rent so registered is higher than the rent payable under the tenancy.

(2) Any reference in this Schedule 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 Schedule.

2

In a case where this Schedule applies, nothing in section 83 above shall prevent any person from requiring or receiving on an assignation of the protected tenancy referred to in paragraph 1(1)(a) above or any subsequent protected tenancy of the same dwelling-house, a premium which does not exceed an amount calculated (subject to paragraph 4 below) in accordance with the formula in paragraph 3 below.

3

The formula mentioned in paragraph 2 above is

4

(1) If, although the registered rent is higher than the rent payable under the tenancy, the lump sum equivalent of the difference is less than the premium, paragraph 3 above shall have effect as if P were the lump sum equivalent.

(2) For the purpoes of this Schedule, the lump sum equivalent of the difference between the two rents referred to in sub-paragraph (1) above shall be taken to be that difference multiplied by the number of complete rental periods falling within the period beginning with the grant, continuance or renewal in respect of which the premium was paid and ending on the relevant date.

5

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

6

(1) Any reference in this Schedule to the relevant date shall be construed in accordance with this paragraph.

(2) Where at the date when the assignation takes effect the tenancy referred to in paragraph 1(1)(a) above was grated, continued or renewed for a specified period exceeding seven years and that peiod has not terminated, the relevant date is the termination of that period.

(3) In any other case the relevant date is the date of the expiration of seven years from the commencement of the tenancy, or, as the case may be, from the continuance or renewal of the tenancy, in respect of which the premium was paid.

(4) The provisions of this paragraph shall apply to a tenancy for a specified period exceeding seven years notwithstanding that it is liable to be terminated by re-entry or on the happening of any event other than the giving of notice by the landlord to terminate the tenancy; and where a tenancy may be terminated by the giving of such notice by the landlord it shall be deemed to be a tenancy for a specified period expiring on the earliest date on which such a notice given after the date of the assignation would be capable of taking effect.

SCHEDULE 8

Part I

General provisions

1

Any reference in any enactment (other than this Act) to any provision in any enactment repealed by this Act shall, unless the context otherwise requires, be construed as a reference to the corresponding provision in this Act, and the following amendments of other enactments shall have effect without prejudice to the generality of this provision.

2

Any reference, however expressed, in any enactment (other than this Act) to the Rent Acts or the Rent Restrictions Acts or the Rent (Scotland) Act 1971 shall, unless the context otherwise requires, be construed as a reference to the corresponding provisions of this Act.

Part II

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

In section 15, for "1971", "85(1)" and "93" substitute respectively " 1984 " , " 63(1) " and " 72 " and in subsection (1A), for from " after " to " 1980 " substitute " on or after 1st December 1980 " .

In section 16(3) and (4), for " 1971 " and " 22 or 23 " substitute respectively " 1984 " and " 30 or 31 ".

In section 17, for " 119 " and " 1971 " substitute respectively " 97 " and " 1984 ".

In section 20, for " 1971 " " Schedule 3 " and " section 10(1) " substitute respectively " 1984 " , " Schedule 2 " and " section 11(1) ".

In section 22(3A), for " 1971 " substitute " 1984 " .

In section 23, for " 1971 " and " 133(1)" substitute respectively " 1984 " and "115(1)".

The Housing (Scotland) Act 1966 (c. 49)

In section 123(3), for " tribunal ", " 84 " and " 1971 " substitute respectively " rent assessment committee " , " 44 " and " 1984 ".

The New Towns (Scotland) Act 1968 (c. 16)

In section 22(4), for " 1971 " and " 131 " substitute respectively " 1984 " and "112 ".

The Housing (Scotland) Act 1969 (c. 34)

In section 62(1), after " terminated " insert " and subject to section 58 of the Rent (Scotland) Act 1984. "

The Fire Precautions Act 1971 (c. 40)

In section 28(5), in paragraph (b), for " 12 " and " 1971 " substitute " 15 " and " 1984 " and, in paragraph (c), for " 133(1) " and " 1971 " substitute " 115(1) " and " 1984 ".

In section 34, for from " sections 60 " to the end substitute " the Rent (Scotland) Act 1984 " .

In Part III of the Schedule, for " Act of 1971 ", " III of the Act of 1971 ", " IV " , 19 ", " 19(2) ", " 21 ", " 21(2) ", " 41 ", " 43(3)(a) ", " section 43(3) of this Act" and " Schedule 7 " wherever they occur substitute respectively " Act of 1984 ", " IV of the Act of 1984 ", "V", "28", "28(2)", "29", "29(2)", "47", "49(5)(a)" "49(5) below " and " Schedule 6 ".

In Part IV of the Schedule, (a) for " Act of 1972 ", the " Housing (Financial Provisions) (Scotland) Act 1972 " and " sections 60 to 66 " wherever they occur substitute respectively " Act of 1984 " , "the Rent (Scotland) Act 1984" and "sections 55 to 59"; (b) for " 61 ", " 62(2)", " 62(3)", " 63(2) " and " sections 63 to 64 " wherever they occur substitute respectively " 56 " , " 57(2) ", " 57(3) ", " 58(2) " and " section 58 " ; and (c) at end insert the following paragraphs—

The Housing (Scotland) Act 1974 (c. 45)

In section 40, for " 123(1)", " 1971 " and " (3)" substitute respectively " 103(1) " , " 1984 " and " (2) ".

In section 41, for " 1971 " substitute " 1984 " .

The Tenant’s Rights, Etc. (Scotland) Act 1980 (c. 52)

In section 17(2), after "terminated ", insert " and subject to section 58 of the Rent (Scotland) Act 1984. "

In section 46, in subsection (1), for " 1971 Act", where these words second occur, substitute " Rent (Scotland) Act 1984 " and, in subsection (2), for " section 9 of the 1971 Act shall not" substitute " neither section 9 of the 1971 Act nor section 10 of the Rent (Scotland) Act 1984 shall " .

The Local Government, Planning and Land Act 1980 (c. 65)

In Schedule 28, in paragraph 10, after " 1975 " insert " or the Rent (Scotland) Act 1984 " .

SCHEDULE 9

1

In so far as any regulation, order, scheme, agreement, dissent, election, reference, representation, appointment or apportionment made, notice served, certificate issued, statement supplied, undertaking or direction given, rent registered or other thing done, under or by virtue of an enactment repealed by this Act could have been made served, issued, supplied, given, registered or done under or by virtue of the corresponding provision of this Act, it shall have effect as if made, served, issued, supplied, given, registered or done under or by virtue of that corresponding provision.

2

Any document made, served or issued before the passing of this Act or at any time thereafter (whether before or after the commencement of this Act) and containing a reference to an enactment repealed by this Act shall, except is so far as a contrary intention appears, be construed as referring, or, as the context requires, as including a reference, to the corresponding provision of this Act.

3

Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

4

Nothing in this Act shall prevent an offence against an enactment repealed by this Act from being prosecuted under the corresponding provision of this Act but, on conviction of such an offence, the fine or other penalty imposed shall be that laid down in such enactment as if it had not been repealed.

5

A conviction of an offence under an enactment repealed by this Act shall be treated for the purposes of this Act as a conviction of an offence under the corresponding provision of this Act.

6

Nothing in this Act shall affect the continued operation after the commencement of this Act of any saving or transitional provision contained in an enactment repealed by this Act insofar as it was operating immediately before the commencement of this Act.

SCHEDULE 10

Unlawful eviction and harassment of occupier.

3A

(1) Where the person who is the original tenant, within the meaning of Schedule 1 to this Act, dies after the commencement of section 46 of the Housing (Scotland) Act 1988, the provisions of Schedule 1A to this Act shall have effect for determining what person (if any) is entitled to a statutory or statutory assured tenancy of the dwelling-house.

(2) Where subsection (1) above does not apply but the person who is the first successor, within the meaning of the said Schedule 1, dies after the commencement of the said section 46, the provisions of Schedule 1B to this Act shall have effect for determining what person (if any) is entitled to a statutory assured tenancy of the dwelling-house by succession.

(3) In any case where, by virtue of any provision of the said Schedules 1A or 1B to this Act, a person becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a statutory assured tenancy arising by virtue of the said section 46.

Registration areas and rent officers.

Private rented housing committees.

23A

(1) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if—

(a) under its terms the occupier has the use of any accommodation in common with the owner or a member of his family (whether or not in common with other persons); and

(b) immediately before the tenancy or right was granted and at all times since then the owner occupied as his only or principal home premises of which the whole or part or the accommodation referred to in paragraph (a) above formed part.

(2) In subsection (1) above—

(a) “accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;

(b) “owner” means, in relation to a tenancy, the landlord and, in relation to a right to occupy, the person granting it, and in any case where there are joint landlords or grantors any one of them shall be regarded as the “owner”; and

and section 83 of the Housing (Scotland) Act 1987 shall apply to determine whether a person is for the purposes of subsection (1) above a member of another’s family as it applies for the purposes of that Act.

(3) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it was granted as a temporary expedient to a person who entered the premises in question or any other premises without right or title (whether or not before the beginning of that tenancy or grant of that right another tenancy or right to occupy the premises or any other premises had been granted to him).

(4) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it confers on the tenant or occupier the right to occupy the premises for a holiday only.

(4A) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it was granted, for a term of less than 6 months, to a person—

(a) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c.49), or

(b) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.

(5) Nothing in section 23 or 24 of this Act applies to a right of occupancy which confers rights of occupation in a hostel, within the meaning of the Housing (Scotland) Act 1987, which is provided by—

(a) a local authority within the meaning of the Local Government (Scotland) Act 1973 or a joint board or joint committee within the meaning of that Act;

(b) a development corporation within the meaning of the New Towns (Scotland) Act 1968;

(d) the Scottish Special Housing Association;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a registered housing association, within the meaning of the Housing Associations Act 1985; or

(g) any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.

(5A) Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under section 4 or Part VI of the Immigration and Asylum Act 1999.

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The power to make an order under subsection (5)(g) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Tenancies to which sections 55 to 59 apply.

Supplemental to sections 55 to 59.

43A

(1) The Secretary of State may, if he thinks fit, make arrangements (“rent registration arrangements”) with another person (a “rent registration service provider”) for the performance by that person in accordance with the arrangements of the functions mentioned in subsection (2) below.

(2) Those functions are the functions, under this Part of this Act and Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016, of the rent officer for such registration area or areas as are specified in the rent registration arrangements.

(3) While rent registration arrangements are in force in relation to a registration area, section 43(3) above shall not apply in respect of that area.

(4) The appointment of any rent officer appointed for a registration area in relation to which rent registration arrangements have been made shall terminate on the date on which the arrangements come into force.

(5) Rent registration arrangements shall not include any provision calculated to influence the exercise of the rent registration service provider’s judgment in the performance of his functions.

(6) A rent registration service provider performing functions in pursuance of rent registration arrangements shall not be regarded as a servant or agent of the Crown and shall not have any status, immunity or privilege of the Crown.

(7) References in this Part of this Act (other than sections 43, 43B, 43C and this section), Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016 and any other enactment (including an enactment contained in subordinate legislation) to a rent officer shall, as respects a registration area in relation to which rent registration arrangements are in force, be construed as references to the rent registration service provider responsible for the performance of the functions of the rent officer for that area.

(8) A rent registration service provider may perform his functions through an employee or agent and, if he does so—

(a) any decision of, and anything else done or omitted to be done by or in relation to, the employee or agent shall, for the purposes of any enactment (including an enactment contained in subordinate legislation), be deemed to be a decision of or, as the case may be, done or omitted to be done by or in relation to the rent registration service provider; and

(b) where any enactment refers to the personal knowledge, experience or opinion of a rent officer the knowledge, experience or opinion of the employee or agent shall be deemed to be that of the rent registration service provider.

(9) Subsection (8)(a) above is without prejudice to section 43C below.

43B

(1) Where—

(a) rent registration arrangements are in force in relation to a registration area (“existing arrangements”); and

(b) the Secretary of State decides not to make further such arrangements in relation to that area in respect of the period following the expiry or termination of the existing arrangements,

then, notwithstanding section 43A(3) above, he may under section 43(3) above appoint rent officers for the area, such appointments taking effect on the expiry or, as the case may be, the termination of the existing arrangements.

(2) For the purposes of subsections (3) and (4) below, a change of responsibility takes place where—

(a) under rent registration arrangements in relation to a registration area, a rent registration service provider assumes responsibility for the performance of functions which, immediately prior to the coming into force of the arrangements, were performed by a rent officer for the area or by another rent registration service provider; or

(b) a rent officer is appointed for a registration area in relation to which, immediately prior to the coming into force of the appointment, rent registration arrangements were in force.

(3) Where a change of responsibility takes place the Secretary of State shall publish, in such manner as he considers appropriate, a notice specifying—

(a) the registration area concerned;

(b) the date when the change takes effect; and

(c) the name and official address of the person who is rent officer or, as the case may be, rent registration service provider after that date.

(4) Where a change of responsibility takes place—

(a) any decision taken, and anything else done or omitted to be done in the performance of the functions mentioned in section 43A(2) above by or in relation to the person previously responsible for the performance of those functions shall have effect as if taken or, as the case may be, done or omitted to be done by or in relation to the person currently so responsible; and

(b) any court or tribunal proceedings by or against the person previously so responsible and relating to the performance by him of those functions shall continue by or against the person currently so responsible.

43C

(1) Schedule 15 to the Deregulation and Contracting Out Act 1994 (restrictions on disclosure of information) shall, where contractor A within the meaning of that Schedule is a rent registration service provider, apply with the following modifications.

(2) Without prejudice to paragraph 10(1), references to an employee of contractor A and, where contractor B within the meaning of that Schedule is also a rent registration service provider, to an employee of contractor B shall be taken to include references to an agent, and the employee of an agent, of contractor A or, as the case may be, of contractor B.

(3) Subject to subsections (4) to (6) below, references to authority A shall be taken to be references to the rent officer for any registration area specified in the rent registration arrangements.

(4) In paragraph 2(a), the reference to authority A shall be taken to be a reference to such a rent officer or the Secretary of State.

(5) In paragraphs 3(2)(b), 4(2)(b), 5(b) and 8 and, in paragraph 10(1), in the definition of “ancillary services”, the reference to authority A shall be taken to be a reference to the Secretary of State.

(6) In the definition of “related function” in paragraph 10(1), the reference to a function of authority A which is certified by that authority shall be taken to be a reference to a function of a rent officer which is certified by the Secretary of State.

Supplemental to sections 55 to 59.

49A

(1) This section applies in the case of a regulated tenancy or an agreement relating to the tenancy which provides for the payment by the tenant to the landlord of sums in respect of council tax and—

(a) a rent was registered before 1st April 1993; or

(b) an application is made before 1st April 1993 under section 46 above for the registration of a rent but a rent is not registered in respect of that application.

(2) At any time before 1st April 1994 or the expiry of 3 years beginning with the relevant date (within the meaning of sections 46 and 47), whichever is the earlier, 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 for the purpose of taking into account sums payable by the tenant to the landlord in respect of council tax.

(3) Any such application shall be in the prescribed form and shall—

(a) specify the rent (including sums payable by the tenant to the landlord in respect of council tax) which it is sought to register; and

(b) contain such other particulars as may be prescribed.

(4) Where an application is made under subsection (2) above, the rent officer shall determine the amount by which the registered rent might reasonably be increased to take account of sums payable by the tenant to the landlord in respect of council tax.

(5) The amount of any rent registered under this section shall be the total of the sums payable in respect of the previously registered rent and the amount determined under subsection (4) above.

(6) In any case where a rent officer has before him for determination applications under this section and section 46 above, he shall not make a determination in the application under this section until he has made a determination under the said section 46.

(7) No more than one application in respect of any tenancy may be made under this section.

Interpretation of Part VI.

Prohibition of premiums and loans on assignation of protected tenancies.

66A

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

Regulated heritable securities.

Provisions where tenant shares accommodation with landlord.

Schedule 1A

1

The provisions of paragraph 2 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 statutory tenant of it by virtue of his previous protected tenancy.

2

(1) 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.

(2) For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant and a person who was living with the original tenant in a relationship which had the characteristics of the relationship between civil partners shall be treated as the civil partner of the original tenant .

(3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as then has occupancy rights under section 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (rights of cohabiting couples) or under section 101 of the Civil Partnership Act 2004 or, if neither or none of them has such rights, such one of them as may be decided by the sheriff, shall be treated as the surviving spouse , or as the case may be as the surviving civil partner, for the purposes of this paragraph.

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 in the dwelling-house—

(a) continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant’s death (where the person was so residing on the said date); or

(b) at the time of and for the period of two years immediately before the tenant’s death,

then, after the tenant’s 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 entitled to a statutory assured tenancy of the dwelling-house by succession.

4

A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 above is in this Schedule referred to as “the first successor”.

5

If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 6 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor.

6

Where a person who—

(a) was a member of the original tenant’s family immediately before that tenant’s death; and

(b) was a member of the first successor’s family immediately before the first successor’s death,

was residing with the first successor in the dwelling-house at the time of, and for the period of two years immediately before, the first successor’s 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 entitled to a statutory assured tenancy of the dwelling-house by succession.

7

(1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

(a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 6 above shall apply on his death;

(b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule.

(2) Sub-paragraph (1) above applies even if—

(a) a successor enters into more than one other tenancy of the dwelling-house; and

(b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house.

(3) In this paragraph “succession” means the occasion on which a person becomes the statutory or statutory assured tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly.

8

Paragraphs 5 and 6 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act 1965.

Schedule 1B

1

The provisions of this Schedule shall have effect for the purpose of determining who is the statutory assured tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as “the first successor”) who, immediately before his death, was the statutory tenant of the dwelling-house by virtue of paragraph 2 or paragraph 3 of Schedule 1 above.

2

If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 3 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor.

3

Where a person who—

(a) was a member of the original tenant’s family immediately before that tenant’s death; and

(b) was a member of the first successor’s family immediately before the first successor’s death,

was residing with the first successor in the dwelling-house—

(i) continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant’s death (where the person was so residing on the said date); or

(ii) at the time of and for the period of two years immediately before the tenant’s 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 entitled to a statutory assured tenancy of the dwelling-house by succession.

4

(1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

(a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 3 above shall apply on his death;

(b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule.

(2) Sub-paragraph (1) above applies even if—

(a) a successor enters into more than one other tenancy of the dwelling-house; and

(b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house.

(3) In this paragraph “succession” means the occasion on which a person becomes the statutory assured tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly.

5

Paragraphs 2 and 3 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act 1965.

Where any rent lawfully due from the tenant has not been paid, or any obligation of the protected or statutory tenancy which arises under this Act, or—

has been broken or not performed.

Where a person (in this case referred to as “the owner-occupier”) who let the dwelling-house on a regulated tenancy had, at any time before the letting, occupied it as his residence and—

Where a person (in this Case referred to as “the owner”) who acquired the dwelling-house or any interest therein with a view to occupying it as his residence at such time as he might retire from regular employment let it on a regulated tenancy before he has so retired and—

Where the dwelling-house is let under a tenancy for a specified period not exceeding eight months and—

Where the dwelling-house is let under a tenancy for a specified period not exceeding 12 months and—

Where—

and the short tenancy has terminated:

Where the dwelling-house was at any time occupied by a person under the terms of his employment as a person employed in agriculture and the dwelling-house has been let on a regulated tenancy, and—

and for the purposes of this Case “employed”, “employment” and “agriculture” have the same meanings as in the Agricultural Wages (Scotland) Act 1949.

Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant, or agent of another) for the control of the farming of any part of the land comprised in the amalgamation, and

and for purposes of this Case “employed” and “agriculture” have the same meanings as in the Agricultural Wages (Scotland) Act 1949 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967.

Where a dwelling-house has been let on a regulated tenancy and—

and for the purposes of this Case “employed” and “agriculture” have the same meanings as in the Agricultural Wages (Scotland) Act 1949 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967.

Where a dwelling-house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the dwelling-house and—

Where the dwelling-house is let by a person (in this Case referred to as “the owner”) at any time after 30th November 1980 and—

Precedure on applications to rent officer

Specific amendments

In section 16(3) and (4), for “1971” and “22 or 23” substitute respectively “1984” and “30 or 31”.

7

The amendments to this Act made by Schedule 2 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 shall be deemed to have had effect from the commencement of this Act.

Editorial notes

[^c13146471]: S. 23A(5)(e) repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 9(3)(b); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

[^c13167821]: Pt. VII (ss. 62-81) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 55(4), 335

[^c13167831]: Pt. VII (ss. 62-81) restricted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 44(1), 52

[^c13167861]: Pt. VII (ss. 62-81) excluded (30.9.2002) by 2001 asp 10, s. 32(7); S.S.I. 2002/321, art. 2, Sch.

[^c16939721]: S. 3A inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(2), 52

[^c16939841]: S. 23A inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 40, 52

[^c16939901]: S. 43A inserted (3.1.1995) by 1994 c. 40, ss. 76, 82(2), Sch. 16 para. 6

[^c16939911]: S. 43B inserted (3.1.1995) by 1994 c. 40, ss. 76, 82(2), Sch. 16 para. 7

[^c16940111]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940141]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940151]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940261]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940271]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940281]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940301]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940311]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940321]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940341]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940391]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940421]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940441]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940491]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940501]: Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1

[^c16940541]: Sch. 9 para. 7 inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 75:2), s. 59, Sch. 2 para. 30

[^c4469721]: Ss. 55-59 continued (temp.) (30.9.2002) by The Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002 (S.S.I. 2002/318), art. 5

[^c4469831]: Ss. 55-59 continued (temp.) (30.9.2002) by The Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002 (S.S.I. 2002/318), art. 5

[^c4469841]: Ss. 55-59 continued (temp.) (30.9.2002) by The Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002 (S.S.I. 2002/318), art. 5

[^c4469851]: Ss. 55-59 continued (temp.) (30.9.2002) by The Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002 (S.S.I. 2002/318), art. 5

[^c4469861]: Ss. 55-59 continued (temp.) (30.9.2002) by The Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002 (S.S.I. 2002/318), art. 5

[^c980431]: A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

[^c980441]: Act modified by Fire Precautions Act 1971 (c. 40, SIF 50), s. 34, Sch. 1 Pt. III

[^c980451]: Act excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 55(4), 103, 128, 145, 335; and Act excluded (27.5.1997) by 1997 c. 8, ss. 199(2), 278(2)

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