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Changes over time for: Section 33C


Timeline of Changes
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Version Superseded: 01/04/2024
Status:
Point in time view as at 01/04/2023. This version of this provision has been superseded.

Status
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Changes to legislation:
There are currently no known outstanding effects for the Private Housing (Tenancies)
(Scotland) Act 2016, Section 33C.

Changes to Legislation
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[33CAppeal to the First-tier TribunalS
This section has no associated Explanatory Notes
(1)Where a rent officer makes an order under section 33B(2) or (3) in relation to the rent payable under a private residential tenancy, the landlord or the tenant may appeal against the order to the First-tier Tribunal.
(2)An order under section 33B(2) or (3) may not be appealed against more than 14 days after the order is made.
(3)Where an appeal is made to the First-tier Tribunal under subsection (1), the First-tier Tribunal may make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the First-tier Tribunal.
(4)In determining the rent under subsection (3), the First-tier Tribunal—
(a)may not determine that the rent payable under the tenancy from the effective date is an amount that would be an increase to the rent payable under the tenancy of more than an amount representing 50% of the increase in the landlord’s prescribed property costs incurred during the relevant period as specified in the application under section 33A(1), and
(b)in any event, may not determine that the rent payable under the tenancy from the effective date is more than the rent payable under the tenancy as increased by [6%].
(5)For the purpose of subsection (3), the effective date is—
(a)where the First-tier Tribunal makes its order 14 days or more before the original effective date, the original effective date,
(b)otherwise, the first payment date falling at least 14 days after the day on which the First-tier Tribunal makes its order.
(6)Making an appeal under subsection (1) renders the order under section 33B(2) or (3) that is being appealed against of no effect.
(7)In this section—
“original effective date” is the day after the expiry of the period of three months beginning with the day on which notice is given to the tenant under section 33A(3),
“payment date” means a date on which a rent payment falls to be made in accordance with the terms of the tenancy.]
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