Rent (Scotland) Act 1984

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

Part IX — Heritable Securities

Heritable securities to which Part IX applies

91

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

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

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

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

Regulated heritable securities

92

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

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

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

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

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

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

Powers of court to mitigate hardship

93

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

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

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

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

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

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

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

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

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

Miscellaneous

94

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

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

Part X — Miscellaneous and General

Release from rent regulation

95

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

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

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

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

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

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

Provisions where tenant shares accommodation with landlord

96

Where under any contract—

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

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

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

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

Provisions where tenant shares accommodation with persons other than landlord

97

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Application of Part VII to tenancies falling within section 6

98

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

• (2) In any case where—

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

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

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

• (3) Section 46(3)

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

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

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

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

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

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

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

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

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

99

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

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

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

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

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

100

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

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

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

• (a) fails to supply a statement, or

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

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

Landlord's consent to work

101

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

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

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

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

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

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

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

Jurisdiction

102

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

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

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

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

Application to sheriff

103

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

Rules as to procedure

104

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

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

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

Powers of local authorities for the purposes of giving information

105

• (1) Any local authority shall have power—

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

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

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

Consent of tenant

106

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

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

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

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

• (5) In this section—

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

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

Prosecution of offences

107

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

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

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

Service of notices on landlord's agents

108

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

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

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

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

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

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

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

Rents of subsidised private houses

109

• (1) Any condition which—

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

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

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

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

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

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

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

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

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

Restriction on diligence and expenses

110

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

Implied condition in all protected tenancies

111

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

Minimum length of notice to quit

112

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

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

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

Rent book to be provided

113

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

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

Service of notices

114

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

• (a) by delivering it to him;

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

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

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

Interpretation

115

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

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

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

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

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

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

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

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

• “let” includes “sub-let”;

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

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

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

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

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

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

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

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

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

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

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

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

• ...

• ...

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

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

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

• “tenancy” includes “sub-tenancy”;

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

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

• ...

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

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

Application to Crown property

116

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

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

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

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

Amendments, transitional provisions, repeals, etc.

117

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

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

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

Short title, commencement and extent

118

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

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

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

SCHEDULE 1

1

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

2

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

3

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

4

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—

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.

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

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

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