Rent Act 1974

PART III Amendments of Parts IV, IX and X of [1971 c. 28.] Rent (Scotland) Act 1971

17 In section 40(3) (circumstances in which applications may be made for variation of registered rent) after the words " terms of the tenancy " there shall be inserted the words " the quantity, quality or condition of any furniture provided for use under the tenancy (excluding any deterioration in that furniture due to fair wear and tear) ".

18 (1) In section 42 (determination of fair rent) in subsection (1) (circumstances to be considered in determining fair rent) for the words from "age" to the end of the subsection there shall be substituted the words " age, character, locality and state of repair of the dwelling-house and, if any furniture is provided for use under the tenancy, to the quantity, quality and condition of the furniture ".

(2) In subsection (3) of that section (factors to be disregarded)—

(a) in paragraph (b), after the word " improvement" there shall be inserted the words " (including any improvement to the furniture provided for use under the tenancy) ";

(b) at the end there shall be inserted the words “and

(c) if any furniture is provided for use under the regulated tenancy, any deterioration in the condition of the furniture due to any ill-treatment by the tenant, any person residing or lodging with him, or any subtenant of his”.

19 In the application of sections 110 to 112 (heritable securities) to a dwelling-house subject to a regulated tenancy which is a regulated furnished tenancy, for any reference to 8th December 1965 there shall be substituted a reference to the commencement date.

20 In section 120(1)(b) (certain sublettings not to exclude any part of the lessor's premises from protection) for the words " attendance or use of furniture " there shall be substituted the words " or attendance ".

21 In section 122(1) (jurisdiction) in paragraph (a) after the words " this Act" there shall be inserted the words " or the Rent Act 1974 ".

22 In section 124 (rules as to procedure) after the words " this Act" there shall be inserted the words " or the Rent Act 1974 ".

23 In section 125 (powers of local authorities for the purposes of giving information) in subsection (1)(a) after the word " 1965 " there shall be inserted the word " and " and after the word " 1972 " there shall be inserted the words " and the Rent Act 1974 ".

24 (1) In Schedule 6, in paragraph 10 (procedure on application for registration of rent supported by certificate of fair rent) in sub-paragraph (1) after the words " may be, whether" there shall be inserted " (a) " and at the end of the sub-paragraph there shall be inserted the words “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 accords with the prescribed particulars contained in the application for the certificate”.

(2) In sub-paragraph (2) of that paragraph after the words " may be, that" there shall be inserted " (a) " and after the words " of the certificate " there shall be inserted the words “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 accords with the prescribed particulars contained in the application for the certificate”.

25 In Schedule 7, in paragraph 1 (form and content of application for certificate of fair rent) the word " and" at the end of sub-paragraph (b) shall be omitted and at the end of the paragraph there shall be inserted the words “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”.