Search Legislation

Private Housing (Tenancies) (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 33

 Help about opening options

Alternative versions:

Changes to legislation:

Private Housing (Tenancies) (Scotland) Act 2016, Section 33 is up to date with all changes known to be in force on or before 16 August 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 33:

  • s. 33 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 S.S.I. 2017/293 is revoked and superseded by S.S.I. 2017/346)
  • specified provision(s) revocation of earlier commencing S.S.I. 2017/293 by S.S.I. 2017/346 reg. 7
33Withdrawal of referral or appealS
This section has no associated Explanatory Notes

(1)This section applies—

(a)where a referral made under section 24(1) is withdrawn by the tenant, or

(b)where—

(i)an appeal made under section 28(1) is withdrawn by one party, and

(ii)the other party has not made an appeal in respect of the tenancy in question, or any appeal made by the other party has been withdrawn.

(2)The order maker must make an order under section 25(1) or (as the case may be) 29(1) stating that from the effective date the rent payable under the tenancy is—

(a)the rent specified in the rent-increase notice, or

(b)an amount which the parties have asked the order maker to state in the order.

(3)Where the order maker is the First-tier Tribunal, an order may not be made by virtue of subsection (2) until the earlier of—

(a)the expiry of the period within which an appeal under section 28(1) may be made, or

(b)the date on which both parties become ineligible to make an appeal (whether by withdrawing an appeal or by waiving the right to appeal).

(4)The following do not apply in relation to an order made by virtue of subsection (2)—

(a)the requirement to record in the order an amount in accordance with section 25(3) or (as the case may be) 29(3),

(b)the duty to issue a provisional order under section 26.

(5)In subsection (2), “the rent-increase notice” means the rent-increase notice which prompted the referral or (as the case may be) led to the appeal.

Commencement Information

I1S. 33 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources