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The Private Landlord Registration (Appeals against Decision as to Rent Payable) (Scotland) Regulations 2005

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Private Landlord Registration (Appeals against Decision as to Rent Payable) (Scotland) Regulations 2005 and shall come into force on 31st March 2006.

(2) In these Regulations “the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004.

Prescribed matters

2.  The matters prescribed for the purposes of section 97(4) of the 2004 Act are:–

(a)a statement that a person has either appealed against–

(i)a decision of a local authority to serve a notice under section 94 of the 2004 Act; or

(ii)a decision of a local authority under section 95 of the 2004 Act to refuse to revoke such a notice following the application of a person having an interest; and

(b)a statement that the tenant will require to pay any sums that, but for the making of either of the decisions referred to in paragraph (a) above, would have been due by the tenant from–

(i)in the case of sub-paragraph (a)(i) above, the date when the notice served under section 94 of the 2004 Act had effect; or

(ii)in the case of sub-paragraph (a)(ii) above, the date when the local authority refused to revoke its decision under section 95 of the 2004 Act,

if so ordered by the Sheriff.

Manner and Timing of Notice

3.—(1) Any notice required by section 97(4) of the 2004 Act shall be in writing and served–

(a)by delivering or by sending it by post to the tenant at the address of the house to which the notice refers; or

(b)where that tenant has consented to receive such notices by electronic communication, by sending it by electronic communication to that person.

(2) The notice shall be served upon the tenant at the same time as the lodging of the appeal or as soon as is reasonably possible after the lodging of the appeal.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

9th November 2005

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