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Private Housing (Tenancies) (Scotland) Act 2016

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Private Housing (Tenancies) (Scotland) Act 2016, Section 42 is up to date with all changes known to be in force on or before 19 December 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • s. 42 coming into force by S.S.I. 2017/293 reg. 2 Sch. (This amendment not applied to legislation.gov.uk. S.S.I. 2017/293 is revoked and superseded by S.S.I. 2017/346)
  • specified provision(s) revocation of earlier commencing S.S.I. 2017/293 by S.S.I. 2017/346 reg. 7
42Rent officer's power to allow rent rise in consequence of improvementS
This section has no associated Explanatory Notes

(1)On an application by the landlord under a private residential tenancy, a rent officer is to determine the amount (if any) by which the rent payable under the tenancy may be increased in consequence of an improvement made to the let property.

(2)The rent payable under a tenancy may not be increased by virtue of a determination made in respect of an improvement which was completed before—

(a)the tenancy was granted, or

(b)if the rent payable under the tenancy has changed previously, the day on which it last changed.

(3)The rent payable under a tenancy may not be increased more than once by virtue of a single determination.

(4)In subsection (1), “improvement” does not include anything done to the let property—

(a)which is paid for in whole or in part by the tenant, or

(b)by way of repair, maintenance or decoration.

(5)In a case where two or more persons jointly are the tenant under a tenancy, the reference to the tenant in subsection (4)(a) includes any one of them.

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Commencement Information

I1S. 42 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

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