Private Housing (Tenancies) (Scotland) Act 2016

[F1 43V Withdrawal of referral or request for review by rent officer or application to First-tier Tribunal S

(1) This section applies—

(a) where a referral to the rent officer made under section 43N(2) is withdrawn by the tenant,

(b) where—

(i) a request for a review by another rent officer made under section 43Q(1) is withdrawn by one party, and

(ii) either—

(A) the other party has not requested a review in respect of the tenancy in question, or

(B) any request for a review by the other party has been withdrawn, or

(c) where an application to the First-tier Tribunal made under section 43S(1) is withdrawn by the tenant.

(2) The order maker must make an order under section 43O(2) or (3), section 43R(2) or (3), or section 43T(2)(b) or (4)(a) or (b) (as the case may be), stating that from the effective date the rent payable under the current tenancy concerned is the lower of—

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

(b) the rent payable under the tenancy as increased by the permitted rate.

(3) Where the order maker is another rent officer in relation to the making of an order under section 43R(2) or (3), an order may not be made by virtue of subsection (2) until the expiry of the period within which a request for a review made under section 43Q(1) may be made.

(4) In subsection (2)—

• “order maker” means—

  (a)

  in the case of the making of an order under section 43O(2) or (3), the rent officer,

  (b)

  in the case of the making of an order under section 43R(2) or (3), another rent officer,

  (c)

  in the case of the making of an order under section 43T(2)(b) or (4)(a) or (b), the First-tier Tribunal,

• “the rent-increase notice” means the rent-increase notice that, as the case may be—

  (a)

  prompted the referral to the rent officer,

  (b)

  led to the request for review by another rent officer, or

  (c)

  led to the application to the First-tier Tribunal.]

Textual Amendments

F1 Pt. 4A inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 23(4), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1