Fire Precautions Act 1971

Steps mentioned in certain notices under this Act to count as improvements for certain purposes of Rent (Scotland) Act 1971

1 (1) The following provisions of this paragraph apply where a dwelling-house which is let on or subject to a regulated or a controlled tenancy consists of or is comprised in premises with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling.

(2) Subject to the following provisions of this paragraph, the amount of any expenditure incurred by the landlord in taking in relation to the relevant building a step mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act shall be treated (whether or not apart from this paragraph it would be so treated)—

(a) in the case of a dwelling-house let on or subject to a controlled tenancy, as expenditure on the improvement or structural alteration of the dwelling-house for the purposes of paragraph 1(3)(a) of Schedule 8 to the Act of 1971, and

(b) in the case of a dwelling-house let on or subject to a regulated tenancy, as an amount expended on an improvement effected in the dwelling-house for the purposes respectively of sections 20(5) and 24(1) of the Act of 1971.

(3) If from the taking in relation to the relevant building of any such step as is referred to in sub-paragraph (2) above there accrues benefit not only to the dwelling-house but also to other premises of the landlord comprised in the relevant building, the amount to be treated ais mentioned in that sub-paragraph shall be so much only of the expenditure as may be determined, by agreement in writing between the landlord and the tenant or by the sheriff, to be properly apportionable to the dwelling-house, having regard to the benefit accruing, from the taking of the step to the dwelling-house and to the other premises.

(4) Any apportionment made by the sheriff under sub-paragraph (3) above shall be final and conclusive.

(5) For the purposes of this paragraph the amount of any expenditure shall be treated as diminished by the amount of any grant paid in respect of that expenditure under any enactment.

(6) Any such step as is referred to in sub-paragraph (2) above shall, for the purposes of section 24(3) of the Act of 1971 (right of tenant of regulated tenancy in certain circumstances to challenge amount of expenditure on improvements), be treated (whether or not apart from this paragraph it would be so treated) as an improvement; but no application shall foe made under the said section 24(3) on the ground that an improvement consisting of such a step was unnecessary.

(7) No application shall be made under the proviso to paragraph 1(3)(a) of Schedule 8 to the Act of 1971 on the ground that the expenditure on such a step as is referred to in sub-paragraph (2) above was unnecessary.

(8) The power of the Court of Session under section 124 of the Act of 1971 to make an act of sederunt and give directions for the purpose of giving effect to the provisions of that Act shall extend to the provisions of this paragraph.

(9) Expressions used in this paragraph and in the Act of 1971 have the same meaning in this paragraph as in that Act.

2 In relation to a dwelling-house consisting of or comprised in premises—

(a) with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling; or

(b) which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling,

section 41 of, and Schedule 7 to, the Act of 1971 (which relate to certificates of fair rent) shall have effect as if in subsection (1)(a) of that section the reference to making improvements in the dwelling-house included a reference to taking in relation to the relevant building any steps mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act; and any step mentioned in such a notice shall, for the purposes of the said section 41 and Schedule 7, in their application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement.