Housing (Scotland) Act 1988

24 Increases of rent under assured tenancies

(1) For the purpose of securing an increase in the rent under an assured tenancy, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect—

(a) if the tenancy was a contractual tenancy (whether or not renewed by operation of tacit relocation), immediately after its termination; or

(b) if the tenancy was not such a contractual tenancy, at any time during the tenancy,

but not earlier than the expiry of the minimum period after the date of service of the notice.

(2) The minimum period referred to in subsection (1) above is—

(a) if the assured tenancy is for 6 months or more, 6 months;

(b) if the assured tenancy is for less than 6 months, the duration of the tenancy or one month (whichever is the longer).

(3) Where a notice is served under subsection (1) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the period to which the new rent relates—

(a) the tenant refers the notice to a rent assessment committee in the prescribed form; or

(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(4) Where a notice is served under subsection (1) above but the rent under the tenancy has previously been increased (whether by agreement or by virtue of a notice under subsection (1) above or a determination under section 25 below) the new rent shall take effect not earlier than the first anniversary of the date on which that increase took effect.

(5) Nothing in this section affects the operation of any term of a tenancy which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period) by an amount specified in the tenancy contract or by a percentage there specified of an amount of rent payable under the tenancy.