Rent (Scotland) Act 1984

1. Introductory Text

2. Part I Preliminary

   1. 1. Protected tenancies.

   2. 2. Tenancies excepted from definition of “protected tenancy”.

   3. 3. Statutory tenants and tenancies.

   4. 3A. Statutory tenants and tenancies: further provision as to succession.

   5. 4. No protected or statutory tenancy where landlord’s interest belongs to Crown.

   6. 5. No protected or statutory tenancy where landlord’s interest belongs to local authority, etc.

   7. 6. No protected tenancy where landlord’s interest belongs to resident landlord.

   8. 7. Rateable value and the appropriate day.

   9. 8. Regulated tenancies.

   10. 9. Short tenancies.

   11. 10. Premises with business use.

3. Part II Security of Tenure

   1. 11. Grounds for possession of certain dwelling-houses.

   2. 12. Extended discretion of court in claims for possession of certain dwelling-houses.

   3. 13. Effect of tenancy being short tenancy.

   4. 14. Conditions applying to landlord’s right to recovery of possession.

   5. 15. Terms and conditions of statutory tenancies.

   6. 16. Payments demanded by statutory tenants as a condition of giving up possession.

   7. 17. Change of statutory tenant by agreement.

   8. 18. No pecuniary consideration to be required on change of tenant under s. 17.

   9. 19. Effect on sub-tenancies of determination of tenancy.

   10. 20. Effect on furnished sub-tenancy of determination of superior unfurnished tenancy.

   11. 21. Compensation for misrepresentation or concealment in Cases 7 and 8.

4. Part III Protection against Harassment and Eviction without due process of Law

   1. 22. Unlawful eviction and harassment of occupier.

   2. 23. Prohibition of eviction without due process of law.

   3. 23A. Excluded tenancies and occupancy rights.

   4. 24. Special provisions with respect to agricultural employees.

   5. 25. Interpretation.

   6. 26. Application to Crown.

   7. 27. Application to sheriff

5. Part IV Rents under Regulated Tenancies

   1. 28. Limit of rent during contractual periods.

   2. 29. Limit of rent during statutory periods

   3. 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. 31. Adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration.

   5. 32. Notices of increase.

   6. 33. Limits on rent increases

   7. 34. Rent agreements.

   8. 35. Rent agreements: special provisions following conversion.

   9. 36. Failure to comply with provisions of rent agreements.

   10. 37. Recovery from landlord of sums paid in excess of recoverable rent, etc.

   11. 38. Onus on landlord.

   12. 39. Rectification of rent books in light of determina-tion of recoverable rent.

   13. 40. Adjustment for differences in lengths of rental periods.

   14. 41. Regulations.

   15. 42. Interpretation of Part IV.

6. Part V Registration of Rents under Regulated Tenancies

   1. 43. Registration areas and rent officers.

   2. 43A. Rent registration service providers.

   3. 43B. Supplementary provisions regarding rent registration service providers.

   4. 43C. Rent registration service providers: restrictions on disclosure of information.

   5. 44. Rent assessment committees.

   6. 45. Register of rents.

   7. 46. Applications for registration of rents.

   8. 47. Certificates of fair rent.

   9. 48. Determination of fair rent.

   10. 49. Amount to be registered as rent.

   11. 49A. Transitional applications: regulated tenancies

   12. 50. Effect of registration of rent.

   13. 51. Cancellation of registration of rent.

   14. 52. Cancellation at instance of landlord.

   15. 53. Regulations.

   16. 54. Interpretation of Part V.

7. Part VI Rent Limit for Dwelling-houses Let by Housing Associations and the Housing Corporation

   1. 55. Tenancies to which sections 55 to 59 apply.

   2. 56. Rents to be registrable under Part V.

   3. 57. The rent limit.

   4. 58. Phasing of progression to registered rent.

   5. 59. Increase of rent without notice to quit.

   6. 60. Supplemental to sections 55 to 59.

   7. 61. Interpretation of Part VI.

8. Part VII Part VII Contracts

   1. 62. Registration areas for purposes of Part VII.

   2. 63. Part VII contracts.

   3. 64. Dwelling-houses to which Part VII applies.

   4. 65. References of contracts to rent assessment committees and obtaining by them of information.

   5. 66. Powers of rent assessment committees on reference of contracts.

   6. 66A. Transitional references of Part VII contracts

   7. 67. Register of rents under Part VII contracts.

   8. 68. Reconsideration of rent after registration.

   9. 69. Effect of registration of rent.

   10. 70. Cancellation of entries in register at instance of landlord.

   11. 71. Notice to quit served after reference of contract to rent assessment committee.

   12. 72. Application to rent assessment committee for security of tenure where notice to quit is served.

   13. 73. Notices to quit served by owner-occupiers.

   14. 74. Reduction of period of notice on account of lessee’s default.

   15. 75. Power of sheriff, in action for possession, to reduce period of notice to quit.

   16. 76. Notice to quit relating to later Part VII contracts.

   17. 77. Jurisdiction of rent assessment committees.

   18. 78. Publication of information.

   19. 79. Rent book to be provided.

   20. 80. Regulations.

   21. 81. Interpretation of Part VII.

9. Part VIII Premiums, etc.

   1. 82. Prohibition of premiums and loans on grant of protected tenancies.

   2. 83. Prohibition of premiums and loans on assignation of protected tenancies.

   3. 84. Power to charge premium on assignation of tenancy where premium lawfully charged on earlier assignation.

   4. 85. Prohibition of premiums on grant, etc. of Part VII contracts.

   5. 86. Excessive price for furniture to be treated as premium.

   6. 87. Punishment of attempts to obtain from prospective tenants excessive prices for furniture.

   7. 88. Recovery of premiums and loans unlawfully required or received.

   8. 89. Avoidance of requirements for advance payment of rent in certain cases.

   9. 90. Interpretation of Part VIII.

10. Part IX Heritable Securities

    1. 91. Heritable securities to which Part IX applies.

    2. 92. Regulated heritable securities.

    3. 93. Powers of court to mitigate hardship.

    4. 94. Miscellaneous.

11. Part X Miscellaneous and General

    1. 95. Release from rent regulation.

    2. 96. Provisions where tenant shares accommodation with landlord.

    3. 97. Provisions where tenant shares accommodation with persons other than landlord.

    4. 98. Application of Part VII to tenancies falling within section 6.

    5. 99. Certain sublettings not to exclude any part of sublessor’s premises from protection under the Act.

    6. 100. Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies.

    7. 101. Landlord’s consent to work.

    8. 102. Jurisdiction.

    9. 103. Application to sheriff.

    10. 104. Rules as to procedure.

    11. 105. Powers of local authorities for the purposes of giving information.

    12. 106. Consent of tenant.

    13. 107. Prosecution of offences.

    14. 108. Service of notices on landlord’s agents.

    15. 109. Rents of subsidised private houses.

    16. 110. Restriction on sequestration for rent.

    17. 111. Implied condition in all protected tenancies.

    18. 112. Minimum length of notice to quit.

    19. 113. Rent book to be provided.

    20. 114. Service of notices.

    21. 115. Interpretation.

    22. 116. Application to Crown property.

    23. 117. Amendments, trasitional provisions, repeals, etc.

    24. 118. Short title, commencement and extent.

12. SCHEDULES

    1. SCHEDULE 1

       Statutory Tenants by Succession

       1. 1. The provisions of paragraph 2 or, as the case may...

       2. 2. The original tenant’s spouse where the dwelling-house was that spouse’s...

       3. 3. Where paragraph 2 above does not apply, but a person...

       4. 4. A person who becomes the statutory tenant of a dwelling-house...

       5. 5. If, immediately before his death, the first successor was still...

       6. 6. The first successor’s spouse, where the dwelling-house was his only...

       7. 7. Where paragraph 6 above does not apply but a person...

       8. 8. (1) ) Where after a succession the successor becomes the...

       9. 9. Paragraphs 5 to 7 above do not apply where the...

    2. Schedule 1A

       Statutory or Statutory Assured Tenants by Succession in a case to which section 3A(1) applies

       1. 1. The provisions of paragraph 2 of this Schedule shall have...

       2. 2. (1) The original tenant’s spouse where the dwelling-house was that...

       3. 3. Where paragraph 2 above does not apply but a person...

       4. 4. A person who becomes the statutory tenant of a dwelling-house...

       5. 5. If, immediately before his death, the first successor was still...

       6. 6. Where a person who— (a) was a member of the...

       7. 7. (1) Where after a succession the successor becomes the tenant...

       8. 8. Paragraphs 5 and 6 above do not apply where the...

    3. Schedule 1B

       Statutory Assured Tenants by Succession in a case to which section 3A(2) applies

       1. 1. The provisions of this Schedule shall have effect for the...

       2. 2. If, immediately before his death, the first successor was still...

       3. 3. Where a person who— (a) was a member of the...

       4. 4. (1) Where after a succession the successor becomes the tenant...

       5. 5. Paragraphs 2 and 3 above do not apply where the...

    4. SCHEDULE 2

       Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies

       1. Part I Cases in which Court may Order Possession

          1. Case 1

             1. Where any rent lawfully due from the tenant has not...

             2. In determining whether any rent lawfully due from a tenant...

          2. Case 2

             1. Where the tenant or any person residing or lodging with...

          3. Case 3

             1. Where the condition of the dwelling-house has, in the opinion...

          4. Case 4

             1. Where the condition of any furniture provided for use under...

          5. Case 5

             1. Where the tenant has given notice to quit and, in...

          6. Case 6

             1. Where, without the consent of the landlord, the tenant has,...

          7. Case 7

             1. Where the dwelling-house is reasonably required by the landlord for...

          8. Case 8

             1. Where the dwelling-house is reasonably required by the landlord for...

             2. and the landlord did not become landlord by purchasing the...

          9. Case 9

             1. Where the court is satisfied that the rent charged by...

          10. Case 10

              1. Where the dwelling-house is so overcrowded as to be dangerous...

       2. Part II Cases in which Court must Order Possession where Dwelling-House Subject to Regulated Tenancy

          1. Case 11

             1. Where a person (in this case referred to as “the...

          2. Case 12

             1. Where a person (in this Case referred to as “the...

          3. Case 13

             1. Where the dwelling-house is let under a tenancy for a...

          4. Case 14

             1. Where the dwelling-house is let under a tenancy for a...

          5. Case 15

             1. Where— (a) the dwelling-house was let on a short tenancy...

          6. Case 16

             1. Where the dwelling-house is held for the purpose of being...

          7. Case 17

             1. Where the dwelling-house was at any time occupied by a...

          8. Case 18

             1. Where proposals for amalgamation, approved for the purposes of a...

          9. Case 19

             1. Where a dwelling-house has been let on a regulated tenancy...

          10. Case 20

              1. Where a dwelling-house has been designed or adapted for occupation...

          11. Case 21

              1. Where the dwelling-house is let by a person (in this...

       3. Part III Provisions Applicable to Case 8 and Part II above

          1. 1. A court shall not make an order for possession of...

          2. 2. Any reference in Part II of this Schedule to the...

       4. Part IV Suitable Alternative Accommodation

          1. 1. For the purposes of section 11(1)(a) above, a certificate of...

          2. 2. Where no certificate as is mentioned in paragraph 1 above...

          3. 3. (1) For the purposes of paragraph 2 above, the relevant...

          4. 4. Accommodation shall not be deemed to be suitable to the...

          5. 5. Any document purporting to be a certificate of a housing...

          6. 6. In this Schedule “housing authority” means a local authority for...

    5. SCHEDULE 3

       . . .

    6. SCHEDULE 4

       Rent Assessment Committees

       1. 1. The Secretary of State shall draw up and from time...

       2. 2. There shall be one panel for the registration areas in...

       3. 3. The panel shall consist of a number of persons appointed...

       4. 4. The Secretary of State shall nominate two of the persons...

       5. 5. Subject to the following provisions of this Schedule, the number...

       6. 6. Subject to paragraph 7 below, each rent assessment committee shall...

       7. 7. The president of the panel may, if he thinks fit,...

       8. 8. There shall be paid to members of a panel such...

       9. 9. There shall be paid to or in respect of members...

       10. 10. There shall be paid to any member of a panel...

       11. 11. The president of the panel may appoint, with the approval...

       12. 12. There shall be paid out of moneys provided by Parliament—...

    7. SCHEDULE 5

       Applicatons for Registration of Rents

       1. Part I Applications Unsupported by Certificate of Fair Rent

          1. Precedure on applications to rent officer

             1. 1. On receiving any application for the registration of a rent,...

             2. 2. Where the application is made by the landlord alone the...

             3. 3. (1) Where— (a) the application is made jointly by the...

             4. 4. Where the rent officer, in carrying out his functions under...

             5. 5. (1) Where representations are made as mentioned in paragraph 2...

             6. 6. After considering, in accordance with paragraph 5 above, what rent...

             7. 7. (1) If such an objection as is mentioned in paragraph...

          2. Determination of fair rent by rent assessment committee

             1. 8. (1) The rent assessment committee to whom a matter is...

             2. 9. Where, within the period specified in paragraph 8(1)(b) above, or...

             3. 10. (1) The committee shall make such inquiry, if any, as...

       2. Part II Applications Supported by Certificate of Fair Rent

          1. Procedure on applications to rent officer

             1. 11. (1) On receiving an application for the registration of a...

             2. 12. If such a request as is mentioned in paragraph 11(3)...

          2. Procedure on references to rent assessment committee

             1. 13. (1) The rent assessment committee to whom a matter is...

          3. Provisional registration

             1. 14. Where a rent is registered in pursuance of such an...

             2. 15. Where a registration is made as mentioned in paragraph 14...

       3. Part III Supplemental

          1. 16. There shall be included, among the matters with respect to...

    8. SCHEDULE 6

       Certificates of Fair Rent

       1. 1. An application for a certificate of fair rent—

       2. 2. (1) If it appears to the rent officer that the...

       3. 3. If it appears to the rent officer that the information...

       4. 4. (1) If it appears to the rent officer that the...

       5. 5. After considering in accordance with paragraph 4 above what rent...

       6. 6. (1) If such a request as is referred to in...

       7. 7. (1) Where an application is referred to a rent assessment...

       8. 8. (1) After considering any representation made to them in pursuance...

       9. 9. Where an application under this Schedule is made with respect...

       10. 10. Where the rent specified in a certificate of fair rent...

    9. SCHEDULE 7

       Premium allowed on assignation of Tenancy where Premium lawfully paid on Grant

       1. 1. (1) The provisions of this Schedule apply where—

       2. 2. In a case where this Schedule applies, nothing in section...

       3. 3. The formula mentioned in paragraph 2 above is P ×...

       4. 4. (1) If, although the registered rent is higher than the...

       5. 5. . . . . . . . . . ....

       6. 6. (1) Any reference in this Schedule to the relevant date...

    10. SCHEDULE 8

        Enactments Amended

        1. Part I

           1. General provisions

              1. 1. Any reference in any enactment (other than this Act) to...

              2. 2. Any reference, however expressed, in any enactment (other than this...

        2. Part II

           1. Specific amendments

           2. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

              1. In section 15, for “1971”, “85(1)” and “93” substitute respectively...

              2. In section 16(3) and (4), for “1971” and “22 or...

              3. In section 17, for “119” and “1971” substitute respectively “97”...

              4. In section 20, for “1971” “Schedule 3” and “section 10(1)”...

              5. In section 22(3A), for “1971” substitute “1984”.

              6. In section 23, for “1971” and “133(1)” substitute respectively “1984”...

           3. The Housing (Scotland) Act 1966 (c. 49)

              1. In section 123(3), for “tribunal”, “84” and “1971” substitute respectively...

           4. The New Towns (Scotland) Act 1968 (c. 16)

              1. In section 22(4), for “1971” and “131” substitute respectively “1984”...

           5. The Housing (Scotland) Act 1969 (c. 34)

              1. In section 62(1), after “terminated” insert “and subject to section...

           6. The Fire Precautions Act 1971 (c. 40)

              1. In section 28(5), in paragraph (b), for “12” and “1971”...

              2. In section 34, for from “sections 60” to the end...

              3. In Part III of the Schedule, for “Act of 1971”,...

              4. In Part IV of the Schedule, (a) for “Act of...

           7. The Housing (Scotland) Act 1974 (c. 45)

              1. In section 40, for “123(1)”, “1971” and “(3)” substitute respectively...

              2. In section 41, for “1971” substitute “1984”.

           8. The Tenant’s Rights, Etc. (Scotland) Act 1980 (c. 52)

              1. In section 17(2), after “terminated”, insert “and subject to section...

              2. In section 46, in subsection (1), for “1971 Act”, where...

           9. The Local Government, Planning and Land Act 1980 (c. 65)

              1. In Schedule 28, in paragraph 10, after “1975” insert “or...

    11. SCHEDULE 9

        Savings and Transitional Provisions

        1. 1. In so far as any regulation, order, scheme, agreement, dissent,...

        2. 2. Any document made, served or issued before the passing of...

        3. 3. Where a period of time specified in an enactment repealed...

        4. 4. Nothing in this Act shall prevent an offence against an...

        5. 5. A conviction of an offence under an enactment repealed by...

        6. 6. Nothing in this Act shall affect the continued operation after...

        7. 7. The amendments to this Act made by Schedule 2 to...

    12. SCHEDULE 10

        Enactments Repealed