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Private Housing (Tenancies) (Scotland) Act 2016
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- Acts of the Scottish Parliament
- 2016 asp 19
- PART 4
- CHAPTER 2
- Power to modify Chapter...
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Changes over time for: Cross Heading: Power to modify Chapter 2
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(Scotland) Act 2016. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Chapter 2 Crossheading Power-to-modify-chapter-2:
- specified provision(s) coming into force by S.S.I. 2017/293 reg. 2 Sch. (This amendment not applied to legislation.gov.uk. S.S.I. 2017/293 is revoked and superseded by S.S.I. 2017/346)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31A inserted (temp.) by S.S.I. 2024/89 reg. 2(1)(4)
[F1[F2Power to modify Chapter 2] S
Textual Amendments
F1S. 34A (subsequently renumbered as s. 33ZA) and cross-heading inserted (temp.) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 3 para. 1(2) (with s. 11)
F2S. 34A cross-heading (which is treated as temp. inserted) substituted (31.3.2023) by virtue of The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Incidental Provision) Regulations 2023 (S.S.I. 2023/116), regs. 1(2), 2(2)(b)(iii)
[F433ZA] [F3Power to modify Chapter 2] S
(1)On or in anticipation of the expiry or suspension of paragraph 1 of schedule 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022, the Scottish Ministers may by regulations modify the provisions of this Chapter in connection with the determination of the rent payable under a private residential tenancy by a rent officer or the First-tier Tribunal.
(2)Regulations under subsection (1) may in particular make provision—
(a)about the basis on which the rent is to be determined by a rent officer or the First-tier Tribunal which may include—
(i)matters to be taken into account in determining the rent,
(ii)matters to be disregarded in determining the rent,
(iii)assumptions to be made in determining the rent,
(b)limiting the rent that may be determined to an amount that is no more than the rent specified in accordance with section 22(2)(a)(i) in a rent-increase notice prompting the referral to the rent officer in question or (as the case may be) leading to the appeal to the First-tier Tribunal,
(c)about the procedure relating to referral to a rent officer or appeal to the First-tier Tribunal.
(3)Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—
(a)must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and
(b)may consult any other person they consider appropriate.]
Textual Amendments
F3S. 34A heading (which is treated as temp. inserted) substituted (31.3.2023) by virtue of The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Incidental Provision) Regulations 2023 (S.S.I. 2023/116), regs. 1(2), 2(2)(b)(ii)
F4S. 34A (which is treated as temp. inserted) renumbered as s. 33ZA and cross-heading (31.3.2023) by virtue of The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Incidental Provision) Regulations 2023 (S.S.I. 2023/116), regs. 1(2), 2(2)(b)(i)
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