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Housing Act 1974

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This is the original version (as it was originally enacted).

Schedule 3Housing Association Tenancies

Part IInterim Protection of Housing Association Tenants

1(1)The provisions of this Part of this Schedule apply where,—

(a)before the passing of this Act, any premises have been let on a tenancy (in this Part of this Schedule referred to as " the former tenancy "); and

(b)by reason only of section 5(5) of the Rent Act 1968 or of section 5(4) of the Rent (Scotland) Act 1971 (exclusion of housing association tenancies from protection) the former tenancy was not a protected tenancy on the relevant day; and

(c)the former tenancy has come to an end before the passing of this Act or comes to an end after the passing of this Act but before the operative date ; and

(d)at any time after the passing of this Act or the termination of the former tenancy, whichever is the later, any of the persons specified in sub-paragraph (3) below remains in occupation of the premises or part of them and in residence therein.

(2)In this Part of this Schedule " the relevant day ", in relation to a tenancy, means,—

(a)in the case of a tenancy which expired before the passing of this Act, the day on which it expired ; and

(b)in any other case, the day immediately preceding that on which this Act was passed.

(3)The persons referred to in sub-paragraph (1)(d) above are—

(a)the tenant under the former tenancy ;

(b)any person to whom the premises or any part thereof has been lawfully sublet as a dwelling ; and

(c)where any such person as is mentioned in paragraph (a) or paragraph (b) above has died, any person who, if the deceased had been the original tenant, within the meaning of Schedule 1 to the Rent Act 1968, or to the Rent (Scotland) Act 1971, of the premises or part would have been the first successor, within the meaning of that Schedule, or would have become the statutory tenant on the death of that first successor.

2(1)In this paragraph " the occupier", in relation to any premises, means the person remaining in occupation and in residence as mentioned in paragraph 1(1)(d) above and "the owner", in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof ; and the following provisions of this paragraph shall have effect subject to paragraph 3 below.

(2)Without prejudice to any power of the court apart from this Part of this Schedule to postpone the operation or suspend the execution of an order for possession, if in proceedings by the owner against the occupier of any premises the court makes, or has before the passing of this Act made, an order for possession the court may suspend the execution of the order for such period, not exceeding 12 months from the date of the order, as the court thinks reasonable.

(3)Where the court by virtue of this paragraph suspends the execution of an order for possession of any premises it may authorise the withdrawal from the occupier of any specified services or furniture and impose such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, rent or mesne profits and otherwise, as the court thinks reasonable.

(4)The court may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this paragraph, but shall not extend the period of suspension beyond the end of 12 months from the date of the order for possession.

(5)In considering whether or how to exercise its powers under this paragraph the court shall have regard to all the circumstances and, in particular, to the following, namely,—

(a)whether the occupier has failed (whether before or after the termination of the former tenancy) to observe any terms or conditions thereof;

(b)whether he has unreasonably refused an offer of a tenancy of the premises or part of them for a reasonable term ; and

(c)whether greater hardship would be caused by the suspension of the execution of the order for possession than by its execution without suspension or further suspension.

(6)Where in proceedings for the recovery of possession of any premises the court makes an order for possession but suspends the execution of the order by virtue of sub-paragraph (2) above it shall make no order for costs, unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

(7)In the application of this paragraph to Scotland—

(a)for any reference to an order for possession there shall be substituted a reference to a decree of removing or warrant of ejection,

(b)for the reference to mesne profits there shall be substituted a reference to damages arising from unlawful possession, and

(c)for the reference to costs there shall be substituted a reference to expenses.

3(1)If at any time before the operative date the interest which, on the relevant day, was the interest of the landlord under the former tenancy (in this paragraph referred to as " the landlord's interest") becomes vested in one of the bodies specified in section 5(2) of the Rent Act 1968 or of the Rent (Scotland) Act 1971 (bodies whose tenancies are excluded from protection under that Act) the court may not, in exercise of its power under paragraph 2(4) above, vary the period of suspension otherwise than by shortening it.

(2)If on the operative date the landlord's interest belongs to a housing association then, without prejudice to the provisions of Parts II and III below and to the continued operation of any provision made before that date by virtue of paragraph 2 above, the powers of the court under that paragraph shall on that date cease to be exercisable.

4(1)In this Part of this Schedule " the court ",—

(a)in relation to premises in England or Wales, means the county court; and

(b)in relation to premises in Scotland, means the sheriff.

(2)Any powers of a county court in proceedings for the recovery of possession of any premises in circumstances where the powers conferred by this Part of this Schedule are or may be exercisable may be exercised by any registrar of the court, except in so far as rules of court otherwise provide.

(3)Except in so far as the context otherwise requires, expressions to which a meaning is assigned by section 113 of the Rent Act 1968 or, in Scotland, section 133 of the Rent (Scotland) Act 1971 have the same meanings in this Part of this Schedule.

Part IIApplication of Rent Act 1968

5(1)The provisions of this paragraph apply on and after the operative date in any case where—

(a)a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association has come to an end at a time before the operative date (whether before or after the passing of this Act), and

(b)on the date when it came to an end, the tenancy was one to which Part VIII of the 1972 Act applied, and

(c)if the tenancy had come to an end after the operative date it would, by virtue of section 18(1) of this Act, have then been a protected tenancy.

(2)No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected tenancy at the time it came to an end.

(3)Where a court has made an order for possession of the dwelling-house before the operative date, but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected tenancy when it came to an end may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of enabling him to continue in possession.

(4)If on the operative date the person who was the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house, he shall be deemed to do so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

(5)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have been the first successor, within the meaning of Schedule 1 to the Rent Act 1968, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or paragraph 3 of that Schedule.

(6)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have become the statutory tenant on the death of a first successor, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or paragraph 7 of Schedule 1 to the Rent Act 1968.

(7)References in the preceding provisions of this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made,—

(a)during any period while its operation is postponed or its execution is suspended ; or

(b)after it has been rescinded.

(8)Subject to sub-paragraph (9) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 12 of the Rent Act 1968 (terms and conditions of statutory tenancies) in relation to a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above.

(9)The High Court or the county court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 23 and 24 of the Rent Act 1968).

6(1)If, in a case where either a tenancy becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy is imposed by virtue of paragraph 5 above,—

(a)a rent was registered for the dwelling-house at a time when Part VIII of the 1972 Act applied to that tenancy or, as the case may be, to the tenancy referred to in paragraph 5(1) above, and

(b)a rent is subsequently registered for the dwelling-house under Part IV of the Rent Act 1968 but the rent so registered is less than the rent registered as mentioned in paragraph (a) above,

then, subject to paragraph 8 below, until such time as a rent is registered under Part IV of the Rent Act 1968 which is higher than the rent registered as mentioned in paragraph (a) above, the contractual rent limit, or, as the case may be, the maximum rent recoverable during any statutory period of the regulated tenancy concerned shall be the rent registered as mentioned in paragraph (a) above.

(2)If, in a case falling within sub-paragraph (1) above, the Secretary of State has, in a direction under section 85 of the 1972 Act, specified a rent limit for the dwelling-house higher than the rent registered as mentioned in sub-paragraph (1)(a) above, then, during the period for which that direction has effect as mentioned in that section, sub-paragraph (1) above shall have effect with the substitution for any reference to the rent registered as mentioned in paragraph (a) of that sub-paragraph of a reference to the rent limit so specified.

(3)Nothing in the preceding provisions of this paragraph shall affect the operation of section 48A of the Rent Act 1968 (cancellation of registration of rent) and, accordingly, where the registration of a rent is cancelled in accordance with that section sub-paragraph (1) above shall cease to apply in relation to the rent of the dwelling-house concerned.

7(1)This paragraph applies for the purposes of the application of Part III of the Rent Act 1968 (rents under regulated tenancies) in relation to—

(a)a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act,

(b)a statutory tenancy arising on the termination of such a tenancy, and

(c)a statutory tenancy imposed by virtue of paragraph 5 above,

in any case where, at the time when Part VIII of the 1972 Act last applied to the tenancy referred to in paragraph (a) above or, as the case may require, paragraph 5(1) above, subsection (3) of section 83 of the 1972 Act applied (rent limit where no rent is registered).

(2)Where this paragraph applies, the rent limit applicable to the tenancy or statutory tenancy referred to in sub-paragraph (1) above shall be deemed to be (or, as the case may be, to have been) the contractual rent limit under the relevant tenancy, but without prejudice to the subsequent registration of a rent for the dwelling-house under Part IV of the Rent Act 1968 or (during the currency of a protected tenancy) the making of an agreement under section 43 of the 1972 Act increasing the rent payable.

(3)Sub-paragraph (2) above shall have effect notwithstanding the repeal by the 1972 Act of section 20(3) of the Rent Act 1968 (contractual rent limit before registration), but nothing in this paragraph shall be taken as applying any provision of section 83 of the 1972 Act to a tenancy at a time when it is a protected tenancy.

(4)In this paragraph " the relevant tenancy " means—

(a)in the case of a tenancy falling within sub-paragraph (1)(a) above, that tenancy;

(b)in the case of a statutory tenancy falling within sub-paragraph (1)(b) above, the tenancy referred to in sub-paragraph (1)(a) above ; and

(c)in the case of a statutory tenancy falling within sub-paragraph (1)(c) above, the protected tenancy referred to in sub-paragraph (4) of paragraph 5 above or, in a case where sub-paragraph (5) or sub-paragraph (6) of that paragraph applies, a notional protected tenancy which, by virtue of section 7(4) of the Rent Act 1968, would be treated for the purposes of that Act as constituting one regulated tenancy when taken together with the statutory tenancy.

8(1)The provisions of this paragraph apply where—

(a)a tenancy of a dwelling-house becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy is imposed by virtue of paragraph 5 above ; and

(b)immediately before the tenancy became a protected tenancy or, as the case may require, immediately before the tenancy referred to in paragraph 5(1) above came to an end, section 84 of the 1972 Act (phasing of progression to registered rent) applied to the rent of the dwelling-house let on that tenancy.

(2)In the following provisions of this paragraph " the regulated tenancy " means the regulated tenancy consisting of the protected or statutory tenancy referred to in sub-paragraph (1)(a) above, together with any subsequent statutory tenancy which, when taken with that regulated tenancy is by virtue of section 7(4) of the Rent Act 1968 treated for the purposes of that Act as constituting one regulated tenancy.

(3)Subject to the following provisions of this paragraph, section 84 of the 1972 Act shall continue to apply or, as the case may require, shall apply to the rent of a dwelling-house subject to the regulated tenancy.

(4)Section 84 of the 1972 Act shall cease to apply by virtue of this paragraph to the rent of a dwelling-house—

(a)on the date on which a rent is registered for the dwelling-house under Part IV of the Rent Act 1968 if the date of registration, within the meaning of Part VIII of the 1972 Act, is after the operative date ; or

(b)on the date on which a new regulated tenancy of the dwelling-house is granted to a person who is neither the tenant under the regulated tenancy nor a person who might succeed him as a statutory tenant.

(5)If and so long as, by virtue of this paragraph, subsection (2) of section 84 of the 1972 Act imposes for any rental period of a tenancy or statutory tenancy a rent limit below the rent registered for the dwelling-house as mentioned in subsection (1) of that section,—

(a)the contractual rent limit shall be the rent limit so imposed and not the registered rent (as provided by section 20(2) of the Rent Act 1968) and section 87 of the 1972 Act (increase of rent without notice to quit) shall apply in relation to the tenancy as if it were one to which Part VIII of that Act applied; and

(b)a notice of increase under section 22(2)(b) of the Rent Act 1968 (increase of rent for statutory periods) may not increase the rent for any statutory period above the rent limit so imposed, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

(6)For the purposes of the application on and after the operative date of section 84 of the 1972 Act to the rent of a dwelling-house subject to a regulated tenancy consisting of or beginning with a statutory tenancy which is imposed by virtue of paragraph 5 above, that section shall be deemed to have continued to apply throughout the period between the termination of the tenancy referred to in sub-paragraph (1) of that paragraph and the operative date ; but nothing in this paragraph shall affect the rent recoverable for that dwelling-house at any time during that period.

9(1)This paragraph shall have effect with respect to the application of Schedule 6 to the 1972 Act (restriction on rent increases) in relation to a regulated tenancy consisting of—

(a)a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act, or

(b)a statutory tenancy imposed by virtue of paragraph 5 above,

together with any subsequent statutory tenancy which, when taken with that regulated tenancy, is by virtue of section 7(4) of the Rent Act 1968 treated for the purposes of that Act as constituting one regulated tenancy.

(2)For the purposes of paragraph 1(1)(b) of the said Schedule 6 (application of paragraph 1 to the first registration of rent after completion, during the existence of the regulated tenancy; of certain works), a tenancy falling within sub-paragraph (1)(a) above shall be deemed to have been a regulated tenancy throughout the period when Part VIII of the 1972 Act applied to it.

(3)In the case of a regulated tenancy falling within sub-paragraph (1)(b) above, paragraph 1(1)(b) of the said Schedule 6 shall have effect as if the reference to the completion of works during the existence of the regulated tenancy included a reference to their completion during the period beginning on the day on which Part VIII of the 1972 Act first applied to the tenancy referred to in paragraph 5(1) above and ending on the day on which the regulated tenancy came into existence.

(4)The references in paragraph 3(1) of the said Schedule 6 to notices of increase authorised by the Rent Act 1968 shall include a reference to notices of increase under section 87 of the 1972 Act.

10In the application of section 25 of the Rent Act 1968 (increase, on account of improvements, of recoverable rent for statutory periods before registration) in relation to a statutory tenancy arising on the termination of a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act and a statutory tenancy imposed by virtue of paragraph 5 above, for the reference to 7th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to the operative date.

11In the application of section 46 of the Rent Act 1968 in relation to a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy which is imposed by virtue of paragraph 5 above, the reference in subsection (3) to a failure to comply with any terms of a regulated tenancy or to carrying out an improvement includes a reference to a failure occurring or an improvement carried out before the tenancy became a regulated tenancy or, as the case may be, before the statutory tenancy was imposed.

12In this Part of this Schedule "the 1972 Act" means the Housing Finance Act 1972 and sections 38(1) and 113(1) of the Rent Act 1968 (interpretation) shall have effect for the purposes of this Schedule as they have effect for the purposes of Part III or, as the case may be, the whole of that Act.

Part IIIApplication of Rent (Scotland) Act 1971

13(1)The provisions of this paragraph apply on and after the operative date in any case where—

(a)a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association has come to an end at a time before the operative date (whether before or after the passing of this Act), and

(b)on the date when it came to an end, the tenancy was one to which sections 60 to 66 of the 1972 Act applied, and

(c)if the tenancy had come to an end after the operative date it would, by virtue of section 18(1) of this Act, have then been a protected tenancy.

(2)No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected tenancy at the time it came to an end.

(3)Where a court has made an order for possession of the dwelling-house before the operative date, but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected tenancy when it came to an end may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of enabling him to continue in possession.

(4)If on the operative date the person who was the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house, he shall be deemed to do so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

(5)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have been the first successor, within the meaning of Schedule 1 to the 1971 Act he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or paragraph 3 of that Schedule.

(6)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have become the statutory tenant on the death of a first successor, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or paragraph 7 of Schedule 1 to the 1971 Act.

(7)References in the preceding provisions of this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made,—

(a)during any period while its operation is postponed or its execution is suspended ; or

(b)after it has been rescinded.

(8)Subject to sub-paragraph (9) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 12 of the 1971 Act (terms and conditions of statutory tenancies) in relation to a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above.

(9)The court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 22 and 23 of the 1971 Act).

14(1)This paragraph applies to—

(a)a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act;

(b)a statutory tenancy which is deemed to arise under paragraph 13 above; and

(c)a statutory tenancy arising on the termination of any such tenancy as is referred to in head (a) or (b) of this sub-paragraph.

(2)The contractual rent limit for any contractual period of a tenancy to which this paragraph applies or the limit of rent recoverable for any statutory period of that tenancy shall be determined as follows—

(a)where no rent has been registered for the dwelling-house under the previous housing association tenancy, the limit for the purposes of section 19(1) or, subject to sections 22 to 24, of section 21(1) of the 1971 Act, shall be the rent recoverable for the last rental period of that tenancy determined in accordance with section 62(3) of the 1972 Act, until either—

(i)a rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)a rent agreement with a tenant having security of tenure is entered into with respect to the dwelling-house ;

(b)where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was that registered rent, the limit, for the purposes of section 19(2) or section 21(2) of the 1971 Act, but subject to the provisions of those sections, shall be the registered rent until either—

(i)a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

(c)where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was determined in accordance with section 63 of the 1972 Act, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit as determined in accordance with the said section 63 of the 1972 Act and, for this purpose, that registration and the provisions of sections 62(4), 63(2) to (4) and 67 of that Act shall subject to the provisions of sub-paragraph (3) of this paragraph, continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applied, until either—

(i)a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

(d)where a rent has been registered for the dwelling-house and the Secretary of State has given a direction under section 64(4) of the 1972 Act, specifying the rent limit for the dwelling-house under the previous housing association tenancy, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit specified in the direction and, for this purpose, the provisions of sections 62(1), (2), (4) and (5), 64 and 67 of the 1972 Act shall continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applies, until—

(i)the direction ceases to have effect (whether because any condition included in the direction is not complied with or because the period for which the direction has effect ends), or

(ii)a new rent is registered for the dwelling-house under Part IV of the 1971 Act (whether or not the new rent exceeds the rent provisionally registered or the rent specified in the direction);

and where any of the events specified in the foregoing provisions of this sub-paragraph take place the said limits shall be determined in accordance with the provisions of the Rent (Scotland) Acts 1971 and 1972.

(3)In the application, by virtue of sub-paragraph (2)(c) of this paragraph, of subsection (2) of section 63 of the 1972 Act to the rent of a dwelling-house subject to a statutory tenancy which is deemed to arise under paragraph 13 above, that subsection shall be deemed to have continued to apply throughout the period between the termination of the tenancy referred to in paragraph 13(1)(a) above and the operative date ; but nothing in this sub-paragraph shall affect the rent recoverable for that dwelling-house at any time during that period.

(4)In the case where sub-paragraph (2)(c) of this paragraph applies, and the rent limit therein referred to is the rent limit as determined in accordance with section 63 of the 1972 Act, any notice of increase under section 21(2)(b) of the 1971 Act shah not increase the rent for any statutory period of a tenancy to which this paragraph applies above the rent limit as so determined, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

(5)In the application of section 24(1) of the 1971 Act (increase of rent for improvements) to a tenancy to which this paragraph applies, for the reference to 8th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to the operative date.

(6)Section 42 of the 1971 Act (determination of fair rent) shall apply in relation to a tenancy to which this paragraph applies as if the reference in subsection (3) of the said section 42 to the tenant under the regulated tenancy included references to the tenant under the previous housing association tenancy.

(7)Any right conferred upon a tenant by section 31 of the 1971 Act, as applied by section 62(5) of the 1972 Act, to recover any amount by deducting it from rent should be exercisable by deducting it from rent for any rental period beginning after the tenancy has become a tenancy to which this paragraph applies to the same extent as the right would have been exercisable if the tenancy had not become such a tenancy.

(8)The fact that the tenancy has become a tenancy to which this paragraph applies should not be taken as affecting any court proceedings which are pending under section 67(3) of the 1972 Act at the time when the tenancy becomes such a tenancy and a decision on which may affect the recoverable rent for any period before that time or the rent under the tenancy to which this paragraph applies so far as that depends upon the recoverable rent before that time.

15The sheriff shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question—

(a)as to the application of this Part of this Schedule to any tenancy or as to any matter which is or may become material for determining any such question, or

(b)as to the amount of rent recoverable under a tenancy to which paragraph 13 above applies ;

and section 123(1) of the 1971 Act shall apply to any application to the sheriff under this paragraph as it applies to any application under any of the provisions mentioned in section 123(3) of that Act.

16In this Part of this Schedule—

  • " the 1971 Act" means the Rent (Scotland) Act 1971 ;

  • "the 1972 Act" means the Housing (Financial Provisions) (Scotland) Act 1972 ;

  • " the court" means " the sheriff " ;

  • " the previous housing association tenancy", in relation to a tenancy to which paragraph 14 above applies, means the tenancy to which sections 60 to 66 of the 1972 Act applied which either became the protected tenancy by virtue of section 18(1) of this Act or came to an end as mentioned in paragraph 13(1)(a) above ; and other expressions used in this Part of this Schedule which are also used in the Rent (Scotland) Acts 1971 and 1972 shall have the same meanings in this Part as they have in those Acts.

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