Private Housing (Tenancies) (Scotland) Act 2016

[F1 43R Other rent officer’s power to set rent S

(1) Where a rent officer receives a request for a review under section 43Q(1), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice prompting the referral to the first rent officer under section 43N(2) would be an increase in the rent payable under the current tenancy of more than the permitted rate.

(2) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent specified in the rent-increase notice.

(3) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer.

(4) The rent determined by the rent officer under subsection (3) must be the rent payable under the current tenancy as increased by the permitted rate.

(5) For the purpose of subsections (2) and (3), the effective date is—

(a) where the rent officer makes the 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 rent officer makes the order.

(6) In subsection (5)—

• “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2),

• “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy.

(7) Where the rent officer makes an order under subsection (2) or (3), the order under section 43O(2) or (3) to which the request for review under section 43Q(1) relates is of no effect.]

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