VariationS
24 Restriction on variation of tenancyS
(1)Despite anything in the tenancy agreement, the terms of a Scottish secure tenancy may not be varied except—
(a)by written agreement between the landlord and the tenant, or
(b)under section 25 or 26.
(2)A variation referred to in subsection (1) does not terminate the tenancy.
(3)The landlord must draw up any agreement under subsection (1)(a) and ensure that it is subscribed [F1or authenticated] by the parties in accordance with the Requirements of Writing (Scotland) Act 1995 (c.7).
Textual Amendments
F1Words in s. 24(3) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 42(b) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
Commencement Information
I1S. 24 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)
25 Increase in rent or chargesS
(1)The landlord under a Scottish secure tenancy may increase the rent or any other charge payable under the tenancy by giving the tenant notice of the increase not less than 4 weeks before the beginning of any rental period (or any earlier day on which the payment of rent in respect of that period falls to be made).
(2)Where a notice is given under subsection (1), the rent or charge is increased in relation to that and every subsequent rental period.
(3)In subsections (1) and (2), “rental period” means a period in respect of which an instalment of rent falls to be paid.
(4)Where the landlord under a Scottish secure tenancy proposes to increase the rents or any other charges payable by all, or any class of, its tenants it must, before giving notice under subsection (1)—
(a)consult those of its tenants who would be affected by the proposal, and
(b)have regard to the views expressed by those consulted.
Commencement Information
I2S. 25 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)
26 Variation of tenancy by court orderS
(1)Where the landlord under a Scottish secure tenancy wishes to vary the terms or conditions of the tenancy, but the tenant refuses or fails to agree the variation, the landlord may raise proceedings by summary application.
(2)Where the tenant under a Scottish secure tenancy wishes to vary any term of the tenancy which restricts the tenant’s use or enjoyment of the house, on the ground that—
(a)by reason of changes in the character of the house or of the neighbourhood or other circumstances, the term is or has become unreasonable or inappropriate,
(b)the term is unduly burdensome compared with any benefit resulting from its performance, or
(c)the existence of the term impedes some reasonable use of the house,
but the landlord refuses or fails to agree the variation, the tenant may raise proceedings by summary application.
(3)In proceedings under subsection (1) or (2) the court may make such order varying any term of the tenancy (other than a term relating to the amount of rent or of any other charge payable by the tenant) as it considers reasonable in all the circumstances, having particular regard to—
(a)the safety of any person, and
(b)any likelihood of damage to the house or to any premises of which it forms part.
(4)An order under subsection (3) in proceedings under subsection (2) may require the tenant to pay to the landlord such sum (if any) as the court considers reasonable to compensate the landlord for any patrimonial loss arising from the variation.
(5)At any time before making an order in proceedings under subsection (2), the court may order the tenant to serve a copy of the application on any person who, in the capacity of owner or tenant of any land, appears to the court—
(a)to benefit from the term of which variation is sought, or
(b)to be adversely affected by the proposed variation.
Commencement Information
I3S. 26 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)