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Housing Rents and Subsidies (Scotland) Act 1975

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This is the original version (as it was originally enacted).

Part IIMiscellaneous amendments relating to phasing of rent increases

11In section 19(2) of the 1971 Act (determination of rent during contractual periods), as amended in terms of paragraph 3(4) of Part III to the Schedule to the Fire Precautions Act 1971, after the words " Fire Precautions Act 1971 " there shall be inserted the words

and section 7 of the Housing Rents and Subsidies (Scotland) Act 1975.

12In section 21(2)(b) of the 1971 Act (limit of rent during statutory periods), as amended in terms of paragraph 23 of Schedule 9 to the 1972 Act, for the words from " section 79 " to " 1972 " there shall be substituted the words

section 7 of the Housing Rents and Subsidies (Scotland) Act 1975.

13In section 31 of the 1971 Act (recovery from landlord of sums paid in excess of recoverable rent, etc.), after the words " this Part of this Act", in subsections (1) and (4) of that section, there shall be inserted in each case the words

or sections 7, 8 and 9 of the Housing Rents and Subsidies (Scotland) Act 1975.

14In section 43 of the 1971 Act (amount to be registered as rent), as amended by section 40 of the 1972 Act (certain amounts to be separately noted in register), for subsections (1A) and (1B) there shall be substituted the following subsections—

(1A)Subject to subsection (1B) below, there shall be noted separately on the register the amount, if any, of the registered rent which, in the opinion of the rent officer or rent assessment committee, is fairly attributable to each of the following—

(a)the use of furniture ;

(b)the provision of services ;

(c)the use of part of the premises comprised in a dwelling house as a shop or office or for business, trade or professional purposes.

(1B)There shall not be noted on the register under subsection (1A) above any amount which in the opinion of the rent officer or rent assessment committee is less than 5 per cent, of the registered rent..

15In section 43(3)(a) of the 1971 Act (treatment of rates borne by landlord), after the words "of this Act" there shall be inserted the words

or section 7 of the Housing Rents and Subsidies (Scotland) Act 1975.

16In Schedule 6 to the 1971 Act (applications for registration of rents), in paragraph 15, as added in terms of paragraph 28 of Schedule 9 to the 1972 Act, at the end there shall be added the words

and any amount to be recorded in the register in pursuance of paragraph 2(2) of Schedule 2 to the Housing Rents and Subsidies (Scotland) Act 1975.

17In Part III of the Schedule to the Fire Precautions Act 1971, in paragraph 3(1)(c), as added in terms of paragraph 31(3) of Schedule 9 to the 1972 Act, for the words from

Schedule 13

to " 1972 " there shall be substituted the words

Schedule 2 to the Housing Rents and Subsidies (Scotland) Act 1975.

18In section 42(3) of the 1972 Act (requirements as respects rent agreements), after paragraph (b) there shall be added the following paragraph—

(bb)the agreement contains a statement that, if a rent is registered under Part IV of the Act of 1971 in respect of the dwelling-house, any increase in the rent may be phased under section 7 of the Housing Rents and Subsidies (Scotland) Act 1975;" and in paragraph (c), for the words " statement mentioned in paragraph (b)" there shall be substituted the words " statements mentioned in paragraphs (b) and (bb).

19In section 45 of the 1972 Act (failure to comply with provisions of rent agreements), in subsections (1) and (2), for the words " 43 or 44" there shall (in each case) be substituted the words

or 43

20In Schedule 3 to the 1972 Act (rent rebates and allowances), in paragraph 15(1)(b) for the words from "Schedule 13 " to the end of head (b) there shall be substituted the words

Schedule 2 to the Housing Rents and Subsidies (Scotland) Act 1975.

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