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The Civil Legal Aid (Scotland) Regulations 2002

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11.—(1) There shall be a deduction, in respect of rent of the main or only dwelling in the case of a householder, of the amount of the net rent paid or such part thereof as is reasonable in the circumstances:

Provided that any contributions received from any other person towards that payment of rent shall be taken into account as income, and the Board shall decide which is the main dwelling where the person concerned resides in more than one dwelling in which that person has an interest.

(2) In this rule the expression “rent” means–

(a)the feu duty or ground annual or the rent payable in respect of a year; and

(b)a sum in respect of the yearly outgoings borne by the householder including, in particular, a reasonable allowance towards any necessary expenditure on repairs and insurance and any other annual burden, including any annual instalment (whether of interest or capital) payable in respect of a heritable security (within the meaning of section 9(8)(a) of the Conveyancing and Feudal Reform (Scotland) Act 1970(1)) or a real burden ad factum praestandum.

(3) In this rule the expression “net rent” means–

(a)the rent less any proceeds of subletting any part of the premises in respect of which the said rent is paid or the outgoings incurred; or

(b)where any person or persons other than the person concerned, his or her spouse or any dependent of his or hers is accommodated, otherwise than as a subtenant, in the premises for which the rent is paid, the rent less such an amount as the Board may determine to be reasonably attributable to the accommodation of such person.

(1)

1970 c. 35; section 9(8)(a) was amended by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), schedule 12.

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