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Private Housing (Tenancies) (Scotland) Act 2016

Improvements to let property

69.Section 42 allows the rent of a let property within a rent pressure zone to be increased to reflect improvements made to the property. It specifies that only property improvements completed after the tenancy was granted, or (where applicable) since the date of the last rent review, will be considered by the rent officer. And no increase will be allowed for work paid for (in whole or part) by the tenant. Repairs, maintenance and decoration do not constitute improvements for which a rent officer can allow an increase in rent under section 42.

70.Section 43 outlines the process that should be followed by a rent officer when considering an application under section 42. It requires rent officers to follow any guidance published by the Scottish Ministers on what constitutes an improvement and the amount that can be charged in respect of improvements. When considering an application, the rent officer must have regard to any timeous representations made by the landlord and the tenant. Section 43 also gives the Scottish Ministers the power to make regulations prescribing the form by which applications to a rent officer under section 42 are to be made.

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