The Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991

Statutory Instruments

1991 No. 1521 (S.139)

LANDLORD AND TENANT

RENT CONTROL, ETC (SCOTLAND)

The Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991

Made

17th June 1991

Laid before Parliament

15th July 1991

Coming into force

5th August 1991

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 1984(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  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.

Interpretation

2.  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 rents

3.  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 quit

4.  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 books

5.—(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.

Forms

6.  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 copy

7.  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 provision

8.  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.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

17th June 1991

Regulation 3

SCHEDULE 1 Particulars 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.

Regulation 4

SCHEDULE 2 Information 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.

Regulation 5(1)

SCHEDULE 3

Form of notice to be inserted in every rent book or similar document used in respect of a dwelling let on or subject to a regulated tenancy

Regulation 5(2)

SCHEDULE 4

The form of, and the information to be contained in, every rent book or similar document required by section 79(1) of the Rent (Scotland) Act 1984 to be provided for use in respect of a dwelling-house under a contract to which Part VII of the Act applies.

Regulation 6

SCHEDULE 5 List 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

FORM NO. 1 RENT (SCOTLAND) ACT 1984NOTICE 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)

FORM NO 2 RENT (SCOTLAND) ACT 1984APPLICATION FOR REGISTRATION OF A RENT

FORM NO 3 RENT (SCOTLAND) ACT 1984APPLICATION FORM FOR CERTIFICATE OF FAIR RENT

FORM NO 4 RENT (SCOTLAND) ACT 1984APPLICATION FOR REGISTRATION OF A RENT

FORM NO 5 RENT (SCOTLAND) ACT 1984APPLICATION FOR THE CANCELLATION OF A REGISTRATION OF RENT

FORM NO. 6 RENT (SCOTLAND) ACT 1984NOTICE REQUIRING A LANDLORD OR TENANT TO SUPPLY THE RENT ASSESSMENT COMMITTEE WITH INFORMATION

Regulation 8

SCHEDULE 6 REVOCATIONS

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

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact with amendments various Regulations dealing with forms and information relating to certain kinds of tenancies. The principal change is the introduction of new types of form used in connection with applications for registration of a rent or for a certificate of fair rent under a regulated tenancy or under a tenancy where the landlord is a registered housing association. The Regulations also increase from 35p to £1.50 the fee for a certified copy of an entry in the register of rents.

Regulation 3 and Schedule 1 prescribe the particulars which a rent officer is required to enter in the register when he registers a rent for a dwellinghouse.

Regulation 4 and Schedule 2 prescribe the information to be contained in a notice to quit to determine a tenancy which is a protected tenancy under the Rent (Scotland) Act 1984 including a short tenancy, or a contract to which Part VII of that Act applies. Failure to include such information will in terms of section 112 of the Act render the notice to quit invalid.

Regulation 5 and Schedules 3 and 4 prescribe (a) the form of notice to be inserted in every rent book or similar document provided by the landlord for use in respect of a dwellinghouse let on or subject to a regulated tenancy and (b) the form of, and the information to be contained in, every rent book or similar document which is required by section 79(1) of the Act to be provided by a lessor for use in respect of a dwellinghouse where rent is payable weekly under a Part VII contract.

Regulation 6 and Schedule 5 prescribe the forms, which are to be used for the purposes of the Rent (Scotland) Act 1984 in the cases where these forms are applicable.

Regulation 7 prescribes a fee of £1.50 which is required to be paid to the rent officer to obtain a certified copy of an entry in the register.

(1)

1984 c. 58; section 53(1) was amended by the Housing (Scotland) Act 1988 (c. 43), section 48(1); section 56(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 28 and by the Housing (Scotland) Act 1988 (c. 43), Schedule 10.