Rent (Scotland) Act 1984 (c. 58)

SCHEDULES

SCHEDULE 6 S Certificates of Fair Rent

1 S An application for a certificate of fair rent—

(a) must be in the prescribed form;

(b) must state the rent to be specified in the certificate;

(c) in the case mentioned in paragraph (a) of section 47(1) above, must be accompanied by plans and specifications of the works to be carried out and, if the works to be carried out are works of improvement, must state whether the dwelling-house is for the time being subject to a regulated tenancy; and

(d) if any furniture is to be provided for use under a regulated tenancy of the dwelling-house, must contain the prescribed particulars with regard to any such furniture.

2 (1) If it appears to the rent officer that the information supplied to him is insufficient to enable him to issue a certificate of fair rent he shall serve on the applicant a notice stating that he will not entertain the application and that, if a request in writing to that effect is made by the applicant within 14 days from the service of the notice or such longer period as a rent officer or a [F1 private rented housing] committee may allow, the rent officer will refer the application to a [F1 private rented housing] committee. S

(2) If such a request is made, then—

(a) if it is made within the period of 14 days referred to in sub-paragraph (1) above or a [F1 private rented housing] committee so direct, the rent officer shall refer the application to a [F1 private rented housing] committee;

(b) if it is made after the expiry of that period, the rent officer may either refer the application to a [F1 private rented housing] committee or seek the directions of a [F1 private rented housing] committee whether so to refer it.

Textual Amendments

F1 Words in Sch. 6 para. 2(1)(2) substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 5(d) (with s. 193); S.S.I. 2007/270, art. 3

3 S If it appears to the rent officer that the information supplied to him is sufficient and that the rent stated in the application would be a fair rent he may, unless the dwelling-house is subject to a regulated tenancy, issue a certificate specifying that rent and the other terms referred to in section 47(2) above.

4 (1) If it appears to the rent officer that the information is sufficient but either— S

(a) he is not satisfied that the rent stated in the application would be a fair rent, or

(b) the dwelling-house is subject to a regulated tenancy,

he shall serve on the applicant a notice stating that he proposes, at a time (which shall not be earlier than seven days after the service of the notice) and place specified in the notice, to consider in consultation with the applicant, if present at that time and place, what rent ought to be specified in the certificate.

(2) At any such consultation the applicant may be represented by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

5 S After considering in accordance with paragraph 4 above what rent ought to be specified in the certificate, the rent officer shall determine a fair rent and shall serve on the applicant a notice stating that he proposes to issue a certificate specifying that rent, unless within 14 days from the service of the notice, or such longer period as the rent officer or a [F2 private rented housing] committee may allow, the applicant requests in writing that the application should be referred to a [F2 private rented housing] committee.

Textual Amendments

F2 Words in Sch. 6 para. 5 substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 5(d) (with s. 193); S.S.I. 2007/270, art. 3

6 (1) If such a request as is referred to in paragraph 5 above is made, then— S

(a) if it is made within the period of 14 days referred to in that paragraph or a [F3 private rented housing] committee so direct, the rent officer shall refer the application to a [F3 private rented housing] committee;

(b) if it is made after the expiry of that period, the rent officer may either refer the application to a [F3 private rented housing] committee or seek the directions of a [F3 private rented housing] committee whether so to refer it.

(2) If no such request is made or if such a request is made but the application is not referred to a rent assessment committee, the rent officer shall issue the certificate.

Textual Amendments

F3 Words in Sch. 6 para. 6(1) substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 5(d) (with s. 193); S.S.I. 2007/270, art. 3

7 (1) Where an application is referred to a [F4 private rented housing] committee, then if the reference is under paragraph 2 above and it appears to the committee that the information supplied by the applicant to the rent officer is insufficient to enable a certificate of fair rent to be issued they shall notify the applicant accordingly. S

(2) In any other case where an application is referred to a [F4 private rented housing] committee, they shall serve on the applicant a notice specifying a period of not less than 14 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee.

(3) Where, within the period specified under sub-paragraph (2) above or such further period as the committee may allow, the applicant requests to make oral representations, the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

Textual Amendments

F4 Words in Sch. 6 para. 7(1)(2) substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 5(d) (with s. 193); S.S.I. 2007/270, art. 3

8 (1) After considering any representation made to them in pursuance of paragraph 7 above, the committee shall determine a fair rent for the dwelling-house and shall notify the applicant and the rent officer accordingly. S

(2) On receiving the notification the rent officer shall issue to the applicant a certificate of fair rent specifying the rent determined by the committee.

9 S Where an application under this Schedule is made with respect to a dwelling-house which it is intended to improve and the dwelling-house is subject to a regulated tenancy—

(a) a notice under paragraph 4, 5, 7(2) or 8 above shall be served on the tenant as well as on the applicant and any notice served under paragraph 4, 5 or 7(2) above shall refer to consultation with, or, as the case may be, a request or representations by, the tenant as well as the applicant;

(b) the tenant may make representations, request reference to a rent assessment committee and be present or represented in like ma nner as the applicant, and references in this Schedule to the applicant shall be construed accordingly; and

(c) a copy of any certificate of fair rent issued in pursuance of the application shall be sent to the tenant.

10 S Where the rent specified in a certificate of fair rent includes any amount which, if the rent specified in the certificate had been registered, would require to be noted on the register in pursuance of section 49(2) above, that amount shall be noted on the certificate; and there shall be included among the matters with respect to which representations may be made or consultations are to be held or notices to be given under this Schedule, any amount to be noted on the certificate in pursuance of this paragraph.