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Revised Statute from The UK Statute Law Database

Rent (Scotland) Act 1984 (c. 58)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

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Rent (Scotland) Act 1984

1984 CHAPTER 58

Contents

Go to Preamble

  1. Part I

    Preliminary

    1. 1. Protected tenancies

    2. 2. Tenancies excepted from definition of “protected tenancy”

    3. 3. Statutory tenants and tenancies

    4. 3A. Statutory tenants and tenancies: further provision as to succession

    5. 4. No protected or statutory tenancy where landlord’s interest belongs to Crown

    6. 5. No protected or statutory tenancy where landlord’s interest belongs to local authority, etc

    7. 6. No protected tenancy where landlord’s interest belongs to resident landlord

    8. 7. Rateable value and the appropriate day

    9. 8. Regulated tenancies

    10. 9. Short tenancies

    11. 10. Premises with business use

  2. Part II

    Security of Tenure

    1. 11. Grounds for possession of certain dwelling-houses

    2. 12. Extended discretion of court in claims for possession of certain dwelling-houses

    3. 13. Effect of tenancy being short tenancy

    4. 14. Conditions applying to landlord’s right to recovery of possession

    5. 15. Terms and conditions of statutory tenancies

    6. 16. Payments demanded by statutory tenants as a condition of giving up possession

    7. 17. Change of statutory tenant by agreement

    8. 18. No pecuniary consideration to be required on change of tenant under s. 17

    9. 19. Effect on sub-tenancies of determination of tenancy

    10. 20. Effect on furnished sub-tenancy of determination of superior unfurnished tenancy

    11. 21. Compensation for misrepresentation or concealment in Cases 7 and 8

  3. Part III

    Protection against Harassment and Eviction without due process of Law

    1. 22. Unlawful eviction and harassment of occupier

    2. 23. Prohibition of eviction without due process of law

    3. 23A. Excluded tenancies and occupancy rights

    4. 24. Special provisions with respect to agricultural employees

    5. 25. Interpretation

    6. 26. Application to Crown

    7. 27. Application to sheriff

  4. Part IV

    Rents under Regulated Tenancies

    1. 28. Limit of rent during contractual periods

    2. 29. Limit of rent during statutory periods

    3. 30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 31. Adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration

    5. 32. Notices of increase

    6. 33. Limits on rent increases

    7. 34. Rent agreements

    8. 35. Rent agreements: special provisions following conversion

    9. 36. Failure to comply with provisions of rent agreements

    10. 37. Recovery from landlord of sums paid in excess of recoverable rent, etc

    11. 38. Onus on landlord

    12. 39. Rectification of rent books in light of determina-tion of recoverable rent

    13. 40. Adjustment for differences in lengths of rental periods

    14. 41. Regulations

    15. 42. Interpretation of Part IV

  5. Part V

    Registration of Rents under Regulated Tenancies

    1. 43. Registration areas and rent officers

    2. 43A. Rent registration service providers

    3. 43B. Supplementary provisions regarding rent registration service providers

    4. 43C. Rent registration service providers: restrictions on disclosure of information

    5. 44. Rent assessment committees

    6. 45. Register of rents

    7. 46. Applications for registration of rents

    8. 47. Certificates of fair rent

    9. 48. Determination of fair rent

    10. 49. Amount to be registered as rent

    11. 49A. Transitional applications: regulated tenancies

    12. 50. Effect of registration of rent

    13. 51. Cancellation of registration of rent

    14. 52. Cancellation at instance of landlord

    15. 53. Regulations

    16. 54. Interpretation of Part V

  6. Part VI

    Rent Limit for Dwelling-houses Let by Housing Associations and the Housing Corporation

    1. 55. Tenancies to which sections 55 to 59 apply

    2. 56. Rents to be registrable under Part V

    3. 57. The rent limit

    4. 58. Phasing of progression to registered rent

    5. 59. Increase of rent without notice to quit

    6. 60. Supplemental to sections 55 to 59

    7. 61. Interpretation of Part VI

  7. Part VII

    Part VII Contracts

    1. 62. Registration areas for purposes of Part VII

    2. 63. Part VII contracts

    3. 64. Dwelling-houses to which Part VII applies

    4. 65. References of contracts to rent assessment committees and obtaining by them of information

    5. 66. Powers of rent assessment committees on reference of contracts

    6. 66A. Transitional references of Part VII contracts

    7. 67. Register of rents under Part VII contracts

    8. 68. Reconsideration of rent after registration

    9. 69. Effect of registration of rent

    10. 70. Cancellation of entries in register at instance of landlord

    11. 71. Notice to quit served after reference of contract to rent assessment committee

    12. 72. Application to rent assessment committee for security of tenure where notice to quit is served

    13. 73. Notices to quit served by owner-occupiers

    14. 74. Reduction of period of notice on account of lessee’s default

    15. 75. Power of sheriff, in action for possession, to reduce period of notice to quit

    16. 76. Notice to quit relating to later Part VII contracts

    17. 77. Jurisdiction of rent assessment committees

    18. 78. Publication of information

    19. 79. Rent book to be provided

    20. 80. Regulations

    21. 81. Interpretation of Part VII

  8. Part VIII

    Premiums, etc

    1. 82. Prohibition of premiums and loans on grant of protected tenancies

    2. 83. Prohibition of premiums and loans on assignation of protected tenancies

    3. 84. Power to charge premium on assignation of tenancy where premium lawfully charged on earlier assignation

    4. 85. Prohibition of premiums on grant, etc. of Part VII contracts

    5. 86. Excessive price for furniture to be treated as premium

    6. 87. Punishment of attempts to obtain from prospective tenants excessive prices for furniture

    7. 88. Recovery of premiums and loans unlawfully required or received

    8. 89. Avoidance of requirements for advance payment of rent in certain cases

    9. 90. Interpretation of Part VIII

  9. Part IX

    Heritable Securities

    1. 91. Heritable securities to which Part IX applies

    2. 92. Regulated heritable securities

    3. 93. Powers of court to mitigate hardship

    4. 94. Miscellaneous

  10. Part X

    Miscellaneous and General

    1. 95. Release from rent regulation

    2. 96. Provisions where tenant shares accommodation with landlord

    3. 97. Provisions where tenant shares accommodation with persons other than landlord

    4. 98. Application of Part VII to tenancies falling within section 6

    5. 99. Certain sublettings not to exclude any part of sublessor’s premises from protection under the Act

    6. 100. Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies

    7. 101. Landlord’s consent to work

    8. 102. Jurisdiction

    9. 103. Application to sheriff

    10. 104. Rules as to procedure

    11. 105. Powers of local authorities for the purposes of giving information

    12. 106. Consent of tenant

    13. 107. Prosecution of offences

    14. 108. Service of notices on landlord’s agents

    15. 109. Rents of subsidised private houses

    16. 110. Restriction on sequestration for rent

    17. 111. Implied condition in all protected tenancies

    18. 112. Minimum length of notice to quit

    19. 113. Rent book to be provided

    20. 114. Service of notices

    21. 115. Interpretation

    22. 116. Application to Crown property

    23. 117. Amendments, trasitional provisions, repeals, etc

    24. 118. Short title, commencement and extent

  11. SCHEDULE 1

    Statutory Tenants by Succession

  12. Schedule 1A

    Statutory or Statutory Assured Tenants by Succession in a case to which section 3A(1) applies

  13. Schedule 1B

    Statutory Assured Tenants by Succession in a case to which section 3A(2) applies

  14. SCHEDULE 2

    Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies

  15. SCHEDULE 3

    . .

  16. SCHEDULE 4

    Rent Assessment Committees

  17. SCHEDULE 5

    Applicatons for Registration of Rents

  18. SCHEDULE 6

    Certificates of Fair Rent

  19. SCHEDULE 7

    Premium allowed on assignation of Tenancy where Premium lawfully paid on Grant

  20. SCHEDULE 8

    Enactments Amended

  21. SCHEDULE 9

    Savings and Transitional Provisions

  22. SCHEDULE 10

    Enactments Repealed

An Act to consolidate in relation to Scotland certain enactments relating to rents and tenants’ rights and connected matters.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

C2Act modified by Fire Precautions Act 1971 (c. 40, SIF 50), s. 34, Sch. 1 Pt.III

C3Act excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 55(4), 103, 128, 145, 335Act excluded (27.5.1997) by 1997 c. 8, ss. 199(2), 278(2)

C4Act applied by National Health Service and Community Health Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt.III para. 20(3)

C5Act: definition of "statutory tenant" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 22(1), Sch. 4 para. 1 (4)(c) (with s. 37(4), Sch. 7); S.I. 1991/2508, art. 2

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