Rent (Scotland) Act 1984

[^key-e286c281ee035dcd4202a5089b19cd92]: Words in Sch. 1A para. 3 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 29(a); S.S.I. 2017/330, art. 3, sch.

[^key-e3adb7f4664dd5b2fdd0ebf61ff7cc36]: Words in Sch. 1 para. 3 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 28(a); S.S.I. 2017/330, art. 3, sch.

[^key-e4b950156232ccfce628fea00b44236f]: Words in s. 102(1) inserted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 24(b); S.S.I. 2017/330, art. 3, sch.

[^key-e5e304273f9fd85727e7516be8a1e23d]: Words in Sch. 5 para. 9 substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(e) (with sch. 1)

[^key-e80824995556de2840da614274ecbec4]: Word in s. 65(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(9)(b)(ii) (with sch. 1)

[^key-e844dce0e6ac9f7148acc52019cbc86c]: S. 44 repealed (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(2) (with sch. 1)

[^key-e8928bfe3764684c2bf2b3cadf01721e]: Words in Sch. 5 para. 13 cross-heading substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 5(f) (with s. 193); S.S.I. 2007/270, art. 3

[^key-e968ae0a189f2214599221236b1d3084]: Words in Sch. 5 para. 12 substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(h)(i) (with sch. 1)

[^key-eb3e2b5a1242f775e575ff50dc696deb]: Words in Sch. 1 para. 6 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 48(b); S.S.I. 2005/604, arts. 2(c), 4

[^key-ec54fa3c8fdcc780a44652d2ce1b0b52]: Words in Sch. 6 para. 7(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(29)(d)(ii)(bb) (with sch. 1)

[^key-ef02dd9cfa6b342378650307ee6048d2]: Words in s. 24(7) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 8(e); S.S.I. 2017/330, art. 3, sch.

[^key-f007982ea55407c3300b20e2869b0388]: S. 14(3)(b) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(4)(b)(ii), 59(1)

[^key-f282e6b08421d6e482abb06ad38fbccd]: Words in s. 53(1)(b) substituted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 2(3); S.S.I. 2017/346, reg. 2, sch.

[^key-f317f0962e28316ec41baf618f6b94e8]: S. 11(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(2)(b), 59(1)

[^key-f40af368b1bdc68890df5d5b9bd84914]: S. 102(A1) inserted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 24(a); S.S.I. 2017/330, art. 3, sch.

[^key-f82f2b4b0664bbf8b31d74c556492387]: Words in Sch. 5 para. 10(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(i) (with sch. 1)

[^key-f8dff199c55b46f7a035f81934a77311]: Words in s. 71(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(17)(a)(ii) (with sch. 1)

[^key-f8fae9515ccae13186d14ae6590de82b]: Words in sch. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 31(a); S.S.I. 2017/330, art. 3, sch.

[^key-f98096e3fd33cc4b608fa6ea72a75e86]: Words in Sch. 6 para. 2(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(29)(a)(i) (with sch. 1)

[^key-f9a41557ec5a3c7f0be947fe73d4edf4]: Words in s. 12(1) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(3)(a), 59(1)

[^key-fdc6a51b2a6378647bb95838c1b0a25c]: Words in s. 24(5) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 8(c); S.S.I. 2017/330, art. 3, sch.

[^key-feff607bca85567c5804c58af998fbce]: Words in s. 75 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 20(a); S.S.I. 2017/330, art. 3, sch.

[^key-ff78eae244d4e4a0f9ca54c1952d1b14]: Words in s. 31(2) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 12(a); S.S.I. 2017/330, art. 3, sch.

[^M_F_4d38456e-0af2-40b2-c1d1-48fc94f6a9f6]: Words in sch. 2 Pt. III para. 1 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 31(b)(i); S.S.I. 2017/330, art. 3, sch.

[^M_F_600e404e-f13f-4f2a-ba42-2673d7319a0c]: Words in sch. 2 Pt. III para. 1 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 31(b)(ii); S.S.I. 2017/330, art. 3, sch.

[^M_F_b35ad47a-4e60-4483-cf30-af3dc96b3bad]: Words in sch. 2 Pt. I Case 7 repealed (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 3(b); S.S.I. 2014/264, art. 2, sch. (with art. 6)

[^M_F_ffff1b6f-8fa3-47e2-e485-5d21924051ca]: Words in sch. 2 Pt. IV para. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 31(c)(i); S.S.I. 2017/330, art. 3, sch.

[^key-562e0e9b6c5ab735d50b5e8f546889cc]: Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 6 (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2)); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2))

12A

• (1) Where a landlord raises proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the dwelling-house is situated.

• (2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

Prohibition of premiums and loans on grant of protected tenancies.

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.

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

37A

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

Registration areas for purposes of Part VII.

Provisions where tenant shares accommodation with landlord.

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.

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”.

89A

• (1) The Scottish Ministers may by regulations make provision about sums which may be charged in connection with the grant, renewal or continuance of a protected tenancy.

• (2) Such regulations may, in particular, specify—

• (a) categories of sum which are not to be treated as a premium for the purposes of this Part;

• (b) the maximum amount which tenants may be asked to pay in respect of such a sum.

• (3) Before making regulations under subsection (1), the Scottish Ministers must consult—

• (a) such persons or bodies as they consider representative of the interests of—

• (i) tenants;

• (ii) private sector landlords;

• (iii) persons who act as agents for such landlords,

as they consider appropriate; and

• (b) such other persons or bodies as the Scottish Ministers consider appropriate (which may include tenants, private sector landlords and persons who act as agents for such landlords).

• (4) The power conferred by subsection (1) on the Scottish Ministers to make regulations—

• (a) must be exercised by statutory instrument;

• (b) may be exercised so as to make different provision for different purposes.

• (5) No regulations are to be made under subsection (1) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

Release from rent regulation.

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.

1A

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

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

Protected tenancies.

3B

• (1) Subsection (2) applies where—

• (a) the sole tenant of a dwelling-house under a protected tenancy or a statutory tenancy dies on or after 1 December 2017, and

• (b) as a result of that death, an individual becomes the tenant of the dwelling-house by virtue of section 3(1)(b) or 3A above.

• (2) As soon as the individual becomes the tenant, the individual's tenancy of the dwelling-house—

• (a) ceases to be a statutory tenancy or a statutory assured tenancy (as the case may be), and

• (b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.

Registration areas for purposes of Part VII.

Heritable securities to which Part IX applies.

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.

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”.