Rent (Scotland) Act 1984

• (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

• (c) a copy of any certificate of fair rent issued in pursuance of the application shall be sent to the tenant.

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

• (c) “occupier” means, in relation to a tenancy, the tenant and, in relation to a right to occupy, its grantee;

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;

• (c) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;

• (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.

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.

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 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.

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 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—

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