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This is the original version (as it was originally enacted).

11Increases of rent under controlled tenancy permitted towards cost of repairs

(1)Subject to the following provisions of this section, where repairs have been carried out to a dwelling-house let on or subject to a controlled tenancy, or where repairs have been carried out to any premises, whether or not they include the dwelling-house, which benefit the dwelling-house, the rent limit under the controlled tenancy of the dwelling-house, for rental periods occurring after the completion of the repairs, shall be increased by 12J per cent, per annum of the amount expended on the repairs by the landlord or any superior landlord or any person from whom the landlord or the superior landlord derives title, but the rent of such a dwelling-house may only be increased by virtue of this subsection by the service of a notice of increase under section 58 of the 1971 Act.

(2)To the extent to which benefit from the carrying out of repairs to the dwelling-house or premises mentioned in subsection (1) above accrues to premises other than the dwelling-house, the reference in the said subsection (1) to the amount expended on the repairs shall be construed as a reference to only so much of that amount (if any) as may be determined, by agreement in writing between the landlord and the tenant, or by the sheriff, to be properly apportionable to the dwelling-house, having regard to any benefit accruing to the dwelling-house and to the other premises from the carrying out of the repairs.

(3)Where a grant has been paid, or is payable, towards the cost of the repairs under any of the relevant enactments, the references in subsections (1) and (2) above to the amount expended on the repairs shall be construed as references to that amount as diminished by the amount of the grant.

(4)The sheriff may order the cancellation or reduction of any increase sought or paid by virtue of subsection (1) above on the ground—

(a)that the repairs in question were unnecessary; or

(b)that a greater amount was expended upon them than was reasonable,

but no such order shall be made on the ground that the repairs were unnecessary in any case where the repairs were carried out in pursuance of a notice under section 24 of the Housing (Scotland) Act 1969 or where a grant has been paid, or is payable, towards the cost of the repairs under any of the relevant enactments.

(5)Sections 122(1) and 123(1) of the 1971 Act shall apply in relation to any application to the sheriff for the purpose of subsection (2) or (4) above as if this section were a section of that Act referred to in section 123(3) thereof ; and any determination or order under subsection (2) or (4) above may be made so as to relate to any rental period, whether before or after the date of such determination or order.

(6)In this section—

  • " relevant enactments " means—

    (a)

    Part II of the Housing (Financial Provisions) (Scotland) Act 1968 ; and

    (b)

    Part I of the Housing (Scotland) Act 1974; and any other expression which is also used in Part V of the 1971 Act shall have the same meaning as in that Part.

(7)This section does not apply to—

(a)any repairs completed before the commencement of this Act; or

(b)any repairs which, as between the tenant and the landlord, the tenant is under an express liability to carry out.

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