Rent (Scotland) Act 1984

63 Part VII contracts. S

(1) Subject to the following provisions of this section, this Part of this Act applies to a contract, whether entered into before or after the commencement of this Act, whereby one person grants to another person, in consideration of a rent which includes payment for the use of furniture or for services, the right to occupy as a residence a dwelling-house to which this Part of this Act applies.

(2) Subject to subsection (3) below, a contract falling within subsection (1) above and relating to a dwelling-house which consists of only part of a house is a contract to which this Part of this Act applies whether or not the lessee is entitled, in addition to exclusive occupation of that part, to the use in common with any other person of other rooms or accommodation in the house.

(3) Subject to subsection (5) below, this Part of this Act does not apply—

(a) to a contract under which the interest of the lessor belongs to Her Majesty in right of the Crown, or to a government department, or is held in trust for Her Majesty for the purposes of a government department; nor

(b) to a contract entered into on or after 3rd October 1980, where the interest of the lessor belongs to one of the bodies mentioned in subsection (4) below; nor

(c) to a contract for the leting of any dwelling-house at a rent which includes payment in respect of board if the value of the board to the lessee forms a substantial proportion of the whole rent; nor

(d) to a contract which creates a regulated tenancy; nor

(e) to a contract which created a controlled tenancy if that tenancy subsequently becomes a converted tenancy within the meaning of section 115(1) below.

(4) The bodies referred to in subsection (3)(b) above are—

[F1 (a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;

[F2 (aa) Scottish Water;]

(b) a development corporation established by an order made, or having effect as if made, under the M1 New Towns (Scotland) Act 1968;

(c) the Scottish Special Housing Association;

(d) the Housing Corporation;

(e) a registered housing association within the meaning of the [F3 Housing Associations Act 1985];

(f) a housing co-operative within the meaning of section [F4 22 of the Housing (Scotland) Act 1987]; and

(g) any housing trust which was in existence on 13th November 1953 . . . F5 .

(5) An interest belonging to Her Majesty in right of the Crown shall not prevent this Part of this Act from applying to a contract if the interest is under the management of the Crown Estate Commissioners [F6 or is an interest to which section 90B(5) of the Scotland Act 1998 applies].

(6) No right to occupy a dwelling-house for a holiday shall be treated for the purposes of this Part of this Act as a right to occupy it as a residence.

(7) A contract to which this Part of this Act applies is, in the following provisions of this Part of this Act, referred to as a “Part VII contract”.]

Textual Amendments

F1 S. 63(4)(a)(aa) substituted for s. 63(4)(a) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 137(5); S.I. 1996/323, art. 4(1)(b)(c)

F2 S. 63(4)(aa) substituted (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, sch. para. 5(2)

F3 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 59(4)

F4 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 29(4)(a)

F5 Words repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 29(4)(b), Sch. 24

F6 Words in s. 63(5) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 18(3)

Marginal Citations

M1 1968 c. 16.