Part 1Rent

Chapter 1Designation of rent control areas

Ministerial guidance on local authority assessments and reports

6Ministerial guidance on assessments of rent conditions

(1)

The Scottish Ministers may issue guidance to local authorities about the carrying out of assessments of rent conditions under section 1(1), 3(2) or (5), or 5(2).

(2)

Guidance issued under subsection (1) may, in particular, include provision about—

(a)

the nature of an assessment of rent conditions including different stages of an assessment,

(b)

the matters to be considered by a local authority in carrying out an assessment,

(c)

action to be taken by a local authority in the course of carrying out an assessment,

(d)

matters to be taken into account in identifying discrete parts of the area of the local authority that are to be considered individually as part of an assessment,

(e)

matters to be taken into account by a local authority in assessing whether the level of rent payable under relevant tenancies of properties in an area is to be considered by the local authority as being too high,

(f)

matters to be taken into account by a local authority in assessing whether the rate at which rent payable under relevant tenancies of properties in an area is increasing is to be considered by the local authority as being too high.

(3)

Before issuing guidance under subsection (1), the Scottish Ministers must consult—

(a)

local authorities,

(b)

persons who appear to them to represent the interests of tenants and landlords, and

(c)

persons who appear to them to represent the interests of rural communities.

(4)

The requirement to consult under subsection (3) may be met by consultation carried out before this section comes into force.

(5)

The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.

(6)

In carrying out an assessment of rent conditions mentioned in subsection (1), a local authority must have regard to any guidance issued under that subsection.