1991 No. 1521 (S.139)
The Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 41(1), 53(1), 53(1) as applied by section 56(2), 80(1) and 112 of the Rent (Scotland) Act 19841, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991 and shall come into force on 5th August 1991.
Interpretation2
In these Regulations–
a
“the Act” means the Rent (Scotland) Act 1984; and
b
a reference to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number.
Register of rents3
The particulars prescribed in Schedule 1 shall be the particulars with regard to the tenancy which the register of rents is required to contain in pursuance of section 45(2)(a) or of that section as applied by section 56(2) of the Act.
Notices to quit4
Where a notice to quit is given by a landlord on or after the coming into force of these Regulations to determine–
a
a protected tenancy; or
b
a Part VII contract,
the notice shall contain, in such form as may be, the information set out in Schedule 2.
Form and content of rent books5
1
Every rent book or similar document provided by a landlord for use in respect of a dwellinghouse, which is let on or subject to a regulated tenancy, shall contain a notice to the tenant in the form set out in Schedule 3, or in a form substantially to the same effect, of all the matters referred to in the said form.
2
Every rent book or similar document, required by section 79(1) of the Act (rent books under Part VII contracts) shall be in the form set out in Schedule 4, or in a form substantially to the same effect, and shall contain the information referred to in the said form.
Forms6
The forms set out in Schedule 5, or forms substantially to the same effect, shall be the forms to be used for the purposes of the Act in the cases to which those forms are applicable.
Fee for certified copy7
For the purposes of section 45(4) of the Act (register of rents) the fee to be paid for a certified copy of an entry in the register of rents shall be £1.50.
Revocations and transitional provision8
The Regulations specified in Schedule 6 are hereby revoked except insofar as the forms, notices and information so prescribed are required to be used in connection with proceedings after the date on which these Regulations come into force and consequent upon action taken before that date.
SCHEDULE 1Particulars with regard to the tenancy which the register of rents is required to contain
1
The name and address of both the landlord and the tenant.
2
The name and address of the landlord’s agent (if any).
3
Whether Part VI of the Rent (Scotland) Act 1984 (rent limit for dwellinghouses let by housing associations and the Housing Corporation) applies to the tenancy.
4
Whether furniture is provided by the landlord.
5
The services provided by the landlord.
6
The respective liability of the landlord and the tenant for the maintenance and repair of the dwellinghouse.
7
Any other terms of the tenancy taken into consideration in determining a fair rent for the dwellinghouse.
SCHEDULE 2Information to be contained in a Notice to Quit
1
Even after the notice to quit has run out, before the tenant can lawfully be evicted, the landlord must get an order for possession from the court.
2
A tenant who does not know if he or she has any right to remain in possession after a notice to quit runs out or is otherwise unsure of his or her rights should obtain advice without delay and before the notice to quit expires. Advice can be obtained from a solicitor, a Citizens' Advice Bureau, a Housing Aid Centre, a Rent Officer or the office of the Rent Assessment Committee. Some solicitors give a free first interview and help with all or part of the cost of legal advice may be available.
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5List of Forms
Form No | Purpose | Statutory References to the Act |
|---|---|---|
1 | Notice of increase of rent under a regulated tenancy where a rent has been registered under section 49 of the Act | Sections 29(2), 32 and 33 |
2 | Application for the registration of a rent, unsupported by a certificate of fair rent where the dwellinghouse is or is to be let under a regulated tenancy or where the interest of the landlord belongs to a housing association | Sections 46 and 56 |
3 | Application for a certificate of fair rent where the dwellinghouse is or is to be let under a regulated tenancy or where the interest of the landlord belongs to a housing association | Sections 47 and 56 and Schedule 6 |
4 | Application for the registration of a rent, supported by a certificate of fair rent, where the dwellinghouse is or is to be let under a regulated tenancy or where the interest of the landlord belongs to a housing association | Sections 47 and 56 |
5 | Application by joint applicants or by a landlord alone for the cancellation of a registration of rent | Sections 51 and 52 |
6 | Notice requiring further information to be given to a rent assessment committee | Section 56 and paragraph 8 of Schedule 5 |
NOTICE OF INCREASE OF RENT UNDER A REGULATED TENANCY WHERE A RENT HAS BEEN REGISTERED UNDER SECTION 49 OF THE RENT (SCOTLAND) ACT 1984 (NOTE 1)
APPLICATION FOR REGISTRATION OF A RENT
APPLICATION FORM FOR CERTIFICATE OF FAIR RENT
APPLICATION FOR REGISTRATION OF A RENT
APPLICATION FOR THE CANCELLATION OF A REGISTRATION OF RENT
NOTICE REQUIRING A LANDLORD OR TENANT TO SUPPLY THE RENT ASSESSMENT COMMITTEE WITH INFORMATION
SCHEDULE 6REVOCATIONS
Regulations revoked | References |
|---|---|
The Rent Book (Forms of Notice) (Scotland) Regulations 1976 | S.I.1976/1469 |
The Notices to Quit (Prescribed Information) (Protected Tenancies and Part VII Contracts) (Scotland) Regulations 1980 | S.I.1980/1667 |
The Rent Book (Forms of Notice) (Scotland) Amendment Regulations 1980 | S.I.1980/1671 |
The Rent Regulation (Forms etc.) (Scotland) Regulations 1980 | S.I.1980/1672 |
(This note is not part of the Regulations)