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Land Reform (Scotland) Act 2016

570.Paragraph 12 of schedule 1A gives the Land Court the power to phase in the rent over a 3 year period if the new rent is to be 30% or more higher, or 30% or more lower, than the current rent payable (the “original rent”) and it considers that full payment of the rental increase or decrease would cause undue hardship to either the tenant or the landlord. For example, a phasing in of a rental increase would work as follows (if X is the difference between the new rent and the original rent)—

  • Year 1 – original rent plus 1/3 of X

  • Year 2 – original rent plus 2/3 of X

  • Year 3 – new rent (i.e. current rent plus X).

A phasing in of a rental decrease would work as follows (if X is the difference between the original rent and the new rent)—

  • Year 1 – original rent less 1/3 of X

  • Year 2 – original rent less 2/3 of X

  • Year 3 – new rent (i.e. current rent less X).

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