Rent (Scotland) Act 1984

• Citation: 1984 c. 58
• Sections: 214

Section 1 Protected tenancies.

(1) A tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act unless—

(a) the rateable value of the dwelling-house on the appropriate day exceeded or, as the case may be, exceeds £200, or in the case of a dwelling-house comprising or forming part of lands and heritages for which a rateable value is or was first shown on the valuation roll on or after 1st April 1978, £600; or

(b) the tenancy is one with respect to which section 2 below otherwise provides; or

(c) by virtue of section 4 or 5 below, the tenancy is for the time being precluded from being a protected tenancy by reason of the body or entity in whom the landlord’s interest is vested; or

(d) by virtue of section 6 below, the tenancy has at all times since it was granted been precluded from being a protected tenancy;

and any reference to a protected tenant shall be construed accordingly.

(2) In relation to dwelling-houses comprisisng or forming part of lands and heritages for which a rateable value is or was first shown on the valuation roll on or after 1st April 1978, the Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament increase the said sum of £600 in subsection (1) above, and he may make different provision for different classes of case.

(3) For the purposes of this Act, any land or premises let together with a dwelling-house shall, unless it consists of agricultural land exceeding two acres in extent, be treated as part of the dwelling-house.

(4) If any question arises in any proceedings whether a dwelling-house is within the limit of rateable value in subsection (1)(a) above, it shall be deemed to be within that limit unless the contrary is shown.

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

(1) A tenancy is not a protected tenancy if—

(a) under the tenancy either no rent is payable or the rent payable is less than two-thirds of the rateable value which is or was the rateable value of the dwelling-house on the appropriate day; or

(b) under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board or attendance; or

(c) the tenancy is granted to a person who is pursuing or intends to pursue a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons; or

(d) the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday; or

(e) subject to section 1(3) above, the dwelling-house which is subject to the tenancy is let together with land other than the site of the dwelling-house.

(2) Paragraph (a) of subsection (1) above shall not apply to a converted tenancy after the conversion.

(3) In the following provisions of this Act, a tenancy falling within paragraph (a) of subsection (1) above is referred to as a “ tenancy at a low rent ”.

(4) For the purposes of paragraph (b) of subsection (1) above, a dwelling-house shall not be taken to be bona fide let at a rent which includes payments in respect of attendance unless the amount of rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

(5) In paragraph (c) of subsection (1) above “ specified ” means specified, or of a class specified, for the purposes of that paragraph by regulations made by the Secretary of State by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 3 Statutory tenants and tenancies.

(1) Subject to sections 3A, 4 and 5 below—

(a) after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, so long as he retains possession of the dwelling-house without being entitled to do so under a contractual tenancy, be the statutory tenant of it; and

(b) the provisions of Schedule 1 to this Act shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (a) above;

and a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

(2) A person who becomes a statutory tenant of a dwelling-house as mentioned in paragraph (a) of subsection (1) above is, in this Act, referred to as a statutory tenant by virtue of his previous protected tenancy, and a person who becomes a statutory tenant as mentioned in paragraph (b) of that subsection is, in this Act, referred to as a statutory tenant by succession.

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

(1) Where the person who is the original tenant, within the meaning of Schedule 1 to this Act, dies after the commencement of section 46 of the Housing (Scotland) Act 1988, the provisions of Schedule 1A to this Act shall have effect for determining what person (if any) is entitled to a statutory or statutory assured tenancy of the dwelling-house.

(2) Where subsection (1) above does not apply but the person who is the first successor, within the meaning of the said Schedule 1, dies after the commencement of the said section 46, the provisions of Schedule 1B to this Act shall have effect for determining what person (if any) is entitled to a statutory assured tenancy of the dwelling-house by succession.

(3) In any case where, by virtue of any provision of the said Schedules 1A or 1B to this Act, a person becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a statutory assured tenancy arising by virtue of the said section 46.

Section 3B Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force

(1) Subsection (2) applies where—

(a) the sole tenant of a dwelling-house under a protected tenancy or a statutory tenancy dies on or after 1 December 2017 , and

(b) as a result of that death, an individual becomes the tenant of the dwelling-house by virtue of section 3(1)(b) or 3A above.

(2) As soon as the individual becomes the tenant, the individual's tenancy of the dwelling-house—

(a) ceases to be a statutory tenancy or a statutory assured tenancy (as the case may be), and

(b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.

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

(1) Subject to subsection (3) below, a tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to Her Majesty in right of the Crown or to a Government department, or is held in trust for Her Majesty for the purposes of a Government department.

(2) A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord, at that time, belongs or is held as mentioned in subsection (1) above.

(3) An interest belonging to Her Majesty in right of the Crown shall not prevent a tenancy from being a protected tenancy or a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners or is an interest to which section 90B(5) of the Scotland Act 1998 applies .

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

(1) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to any of the bodies or entities specified in subsection (2) below, nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord belongs at that time to any of those bodies or entities.

(2) The bodies and entities referred to in subsection (1) above are—

(a) a local authority , or a joint board or joint committee as respectively defined by the Local Government (Scotland) Act 1973, or the common good of local authority or any trust under the control of a local authority ;

(aa) Scottish Water;

(b) a development corporation established by an order made, or having effect as if made, under the New Towns (Scotland) Act 1968;

(c) the Housing Corporation;

(d) the Scottish Special Housing Association, or any housing trust which was in existence on 13th November 1953 . . . ; and

(e) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980.

(3) In subsection (2)(d) above, “ housing trust ” means a corporation or body of persons which is required by the terms of its constituent instrument to devote the whole of its funds, including any surplus which may arise from its operations, to the provision of houses and to other purposes incidental thereto.

(4) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association which—

(a) is registered under the Housing Associations Act 1985, or

(b) is a co-operative housing association within the meaning of that Act;

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord belongs at that time to such a housing association.

(5) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under the tenancy belongs to a housing co-operative, as defined in section 22 of the Housing (Scotland) Act 1987 (agreements for exercise by housing co-operatives of local authority housing functions) and the dwelling-house is comprised in an agreement to which that section applies or in a similar agreement between the co-operative and the Scottish Special Housing Association.

(5A) A tenancy which is a lease under a shared ownership agreement within the meaning of section 83(3) of the Housing (Scotland) Act 2001 (asp 10) shall not be a protected tenancy.

(6) Where—

(a) a tenancy is not a protected tenancy or a statutory tenancy by virtue only of this section, and

(b) a sub-tenancy of the dwelling-house or any part thereof is created,

then in ascertaining, in relation to the sub-tenancy, what rent is recoverable from the sub-tenant, the provisions of this Act shall apply as if the tenancy were a protected tenancy or a statutory tenancy, as the case may be, and neither the dwelling-house nor any part thereof had ever been let before the beginning of the tenancy.

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

(1) Subject to subsection (6) below, a tenancy of a dwelling-house which is granted on or after 1st December 1980 shall not be a protected tenancy at any time if—

(a) the dwelling-house (not being a whole flat in a purpose-built block of flats) forms part only of a building; and

(b) subject to subsection (2) below, the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which also forms part of the building; and

(c) subject to subsection (3) below, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which also formed part of the building.

(2) The condition in paragraph (b) of subsection (1) above shall be deemed to be fulfilled if the tenancy was granted by trustees and, at the time when the tenancy was granted, the interest of the landlord under the tenancy thereby created was held on trust for a person who was entitled to the liferent or to the fee or a share of the fee of that interest and who occupied as his residence a dwelling-house which forms part of the building referred to in paragraph (a) of that subsection.

(3) In determining whether the condition in paragraph (c) of subsection (1) above is at any time fulfilled with respect to a tenancy, there shall be disregarded—

(a) any period of not more than 28 days beginning with the date of the conveyance of the interest of the landlord under the tenancy to an individual who, during that period, does not occupy as his residence another dwelling-house which forms part of the building concerned;

(b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his residence another such dwelling-house as is referred to in that paragraph, the period beginning with the date of the conveyance mentioned in that paragraph and ending—

(i) at the expiry of the period of 6 months beginning on that date, or

(ii) on the date on which the interest of the landlord under the tenancy ceases to be held by that individual, or

(iii) on the date on which the condition in subsection (1)(c) above again applies,

whichever is the earlier; and

(c) any period of not more than 24 months beginning with the date of death of the landlord under the tenancy during which the interest of the landlord under the tenancy is vested in his executor.

(4) Throughout any period which, by virtue of subsection (3)(a) or (b) above, falls to be disregarded for the purpose of determining whether the condition in subsection (1)(c) above is fulfilled with respect to a tenancy, no order for possession of the dwelling-house subject to that tenancy shall be made, other than an order which might be made if that tenancy were or, as the case may be, had been a regulated tenancy.

(5) During any period when—

(a) the interest of the landlord under the tenancy referred to in subsection (1) above is vested in trustees, and

(b) that interest is held on trust for a person who is entitled to the liferent or to the fee or a share of the fee of that interest and who occupies as his residence a dwelling-house which forms part of the building referred to in paragraph (a) of that subsection,

the condition in paragraph (c) of that subsection shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of subsection (3) above.

(6) This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.

(7) For the purposes of this section, a person shall be treated as occupying a dwelling-house as his residence if, so far as the nature of the case allows, he would be regarded as retaining possession of the dwelling-house for the purposes of paragraph (a) of section 3(1) above if he were such a person as is referred to in that paragraph.

(8) For the purposes of this section—

(a) a building is a purpose-built block of flats if as constructed it contained, and it contains, two or more flats, and for this purpose “ flat ” has the same meaning as in section 338 of the Housing (Scotland) Act 1987 ;

(b) “ conveyance ” includes the grant of a tenancy and any other conveyance or transfer other than upon death;

(c) “ the date of the conveyance ” means the date on which the conveyance was granted, delivered or otherwise made effective.

(9) This section shall apply to a tenancy of a dwelling-house granted on or after 14th August 1974 but before 1st December 1980 as it applies to such a tenancy granted on or after 1st December 1980, but with the substitution for paragraph (a) of subsection (1) above of the following paragraph—

“ (a) the dwelling-house forms part only of a building which is not a purpose-built block of flats; and”.

Section 7 Rateable value and the appropriate day.

(1) Except where this Act otherwise provides, the rateable value on any day of a dwelling-house shall be ascertained for the purposes of this Act as follows:—

(a) if the dwelling-house comprises lands and heritages for which a rateable value is then shown on the valuation roll, it shall be that rateable value;

(b) if the dwelling-house forms part only of such lands and heritages, its rateable value shall be taken to be such value as is found by a proper apportionment of the rateable value so shown.

(2) Any question arising under this section as to the proper apportionment of any value shall be determined by the First-tier Tribunal , and the decision of the Tribunal shall be final.

(3) In this Act “ the appropriate day ”,—

(a) in relation to any dwelling-house which, on 23rd March 1965, comprised or formed part of land and heritages for which a rateable value was shown on the valuation roll then in force, means that date;

(b) in relation to any dwelling-house of which a tenancy granted before 1st December 1980 becomes, or would but for its low rent become, a protected tenancy by virtue of section 4(3) above, means 1st December 1980; and

(c) in relation to any other dwelling-house means the date on which a rateable value is or was first shown on the valuation roll.

(4) Where, after the date which is the appropriate day in relation to any dwelling-house, the valuation roll is altered so as to vary the rateable value of the lands and heritages of which the dwelling-house consists or forms part and the alteration has effect from a date not later than the appropriate day, the ratable value of the dwelling-house on the appropriate day shall be ascertained as if the value shown on the valuation roll on the appropriate day had been the value shown on the roll as altered.

(5) The preceding provisions of this section apply in relation to any other land as they apply in relation to a dwelling-house.

Section 8 Regulated tenancies.

(1) For the purposes of this Act, a “ regulated tenancy ” is a protected or statutory tenancy.

(2) Where a regulated tenancy is followed by a statutory tenancy of the same dwelling-house, the two shall be treated for the purposes of this Act as together constituting one regulated tenancy.

Section 9 Short tenancies.

(1) A protected tenancy created on or after 1st December 1980 is a short tenancy for the purposes of this Act where—

(a) immediately before the creation of the tenancy the tenant was not a protected or statutory tenant of the dwelling-house, except where he was then a tenant under a short tenancy or a statutory tenant following on the expiry of a short tenancy;

(b) the tenancy is for a period specified in the tenancy agreement of not less than one year nor more than five years;

(c) the tenancy agreement does not contain any provision whereby the landlord may terminate the tenancy before the expiry of the said specified period other than for non-payment of rent or for breach of any other obligation of the tenancy;

(d) before the creation of the tenancy the landlord has served on the tenant notice in writing informing him that the tenancy will be a short tenancy for the purposes of this Act; and

(e) either—

(i) there is, at the commencement of the tenancy, a rent registered for the dwelling-house which is the subject of the tenancy in the register of rents kept for the purposes of Part V of this Act, or

(ii) the landlord has applied for and been granted a certificate of fair rent under section 47 below, and has, within 14 days after the commencement of the tenancy, made an application for that fair rent to be registered under subsection (4) of that section.

(2) Where a short tenancy has been created in a case to which sub-paragraph (e)(ii) of subsection (1) above applies, the application referred to in that sub-paragraph may not be withdrawn and, notwithstanding the provisions of section 50(1) and (4) below, the rent registered for the dwelling-house shall take effect from the commencement of the tenancy.

(3) The Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament dispense with the requirements of subsection (1)(e) above in relation to any registration area within the meaning of section 43 below.

(4) The Secretary of State may by order made by statutory instrument prescribe the form of notice required under subsection (1)(d) above.

Section 10 Premises with business use.

(1) A tenancy of a dwelling-house which consists of or comprises premises which, by virtue of a premises licence issued under the Licensing (Scotland) Act 2005, are licensed for the sale of alcohol (within the meaning of section 2 of that Act) for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.

(2) A tenancy shall not be a regulated tenancy if it is a tenancy to which the Tenancy of Shops (Scotland) Act 1949 applies (but this provision is without prejudice to the application of any other provision of this Act to a sub-tenancy of any part of the premises comprised in such a tenancy).

Section 11 Grounds for possession of certain dwelling-houses.

(1) Subject to the following provisions of this Part of this Act, the First-tier Tribunal shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the Tribunal considers it reasonable to make such an order and either—

(a) the the Tribunal is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or

(b) the circumstances are as specified in any of the Cases in Part I or II of Schedule 2 to this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The provisions of Part III of Schedule 2 to this Act shall have effect in relation to Case 8 in that Schedule and for determining the relevant date for the purposes of the Cases in Part II of that Schedule.

(4) The provisions of Part IV of Schedule 2 to this Act shall have effect for determining whether, for the purposes of subsection (1)(a) above, suitable alternative accommodation is or will be available for a tenant.

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

(1) ... the First-tier Tribunal may adjourn, for such period or periods as it thinks fit, proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy.

(2) On the making of an order for possession of such a dwelling-house, or at any time before the execution of such an order (whether made before or after the commencement of this Act), the First-tier Tribunal ... may—

(a) sist or suspend execution of the order, or

(b) postpone the date of possession,

for such period or periods as the Tribunal thinks fit.

(3) Any such adjournment as is referred to in subsection (1) above and any such sist, suspension or postponement as is referred to in subsection (2) above may be made subject to such conditions with regard to payment by the tenant of arrears of rent, rent or compensation to the owner for loss of possession and otherwise as the First-tier Tribunal thinks fit.

(4) If any such conditions as are referred to in subsection (3) above are complied with, the First-tier Tribunal may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12A Requirement to notify local authority of proceedings for possession

(1) Where a landlord raises proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the dwelling-house is situated.

(2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

Section 13 Effect of tenancy being short tenancy.

(1) At the expiry of the period of a short tenancy as specified in the tenancy agreement, the landlord shall, subject to section 14 below, be entitled to recover possession of the dwelling-house.

(2) The tenant under a short tenancy may terminate it by giving to the landlord—

(a) where the period of the tenancy specified in the tenancy agreement is two years or less, one month’s notice;

(b) in any other case, three months’ notice.

(3) Notwithstanding, anything contained in any enactment or rule of law, but subject to subsection (5) below, a landlord under a short tenancy who becomes entitled to recover possession of the dwelling-house which is the subject of the short tenancy shall be entitled to enforce his right to recover possession against any assignee or sub-tenant or against any statutory tenant who has succeeded to the tenancy.

(4) Notwithstanding anything contained in the tenancy agreement, a tenant under a short tenancy shall not be liable to pay to the landlord on termination of the tenancy any sum greater than the outstanding rent (if any) together with any sum due by the tenant to the landlord in respect of damage to the dwelling-house or its contents or in respect of any household accounts incurred by the tenant for which the landlord is or has become responsible.

(5)

(a) Where a short tenancy is terminated by the death of the tenant before the expiry of the period specified in the tenancy agreement any statutory tenant by succession within the meaning of Schedule 1 to this Act shall be entitled to retain possession of the premises until the expiry of that period only.

(b) Where a short tenancy is terminated for any reason before the expiry of the period specified in the tenancy agreement, any subtenant of the dwelling-house shall be entitled to retain possession of the premises until the expiry of that period only.

(6) For the purposes of subsection (5) above “ subtenant ” means any person deriving title from the original tenant or from a subtenant, provided that his title has not been granted in contravention of the tenancy agreement.

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

(1) A landlord under a short tenancy who seeks recovery of possession of the dwelling-house on or after termination of the tenancy, subject to subsection (2) below, may recover possession of the dwelling-house in accordance with Case 15 of Schedule 2 to this Act provided the First-tier Tribunal considers it reasonable to allow such recovery .

(2) A landlord who at any time seeks an order under the said Case 15 shall, either before or not later than three months after the expiry of the period specified in the tenancy agreement, or, in a case to which subsection (3) below applies, not later than three months after the expiry of any period of 12 months for which the tenancy is continued under that subsection, serve on the tenant a notice in writing of his intention to apply for the order, and the relative application shall be made not less than three nor more than six months after service of the said notice.

(3) Where

(a) a landlord fails timeously to serve a notice in compliance with subsection (2) above, or

(b) the First-tier Tribunal does not consider it reasonable to allow recovery in accordance with the said Case 15,

the tenancy shall be continued as a short tenancy for a period of 12 months beginning with the expiry of the period specified in the tenancy agreement or with the expiry of any period of 12 months for which the tenancy is continued under this subsection.

Section 15 Terms and conditions of statutory tenancies.

(1) So long as he retains possession, a statutory tenant of a dwelling-house shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act.

(2) It shall be a condition of a statutory tenancy of a dwelling-house that the statutory tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

(3) A statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house if, and only if, he gives such notice as would have been required under the provisions of the original contract of tenancy, or, if no notice would have been so required, on giving not less than three months’ notice.

(4) Nothing in subsection (3) above shall be construed as affecting section 112 below (under which at least four weeks’ notice to quit is required in respect of premises used as a dwelling-house.

(5) Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give to the statutory tenant any notice to quit.

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

(1) A statutory tenant of a dwelling-house who, as a condition of giving up possession of the dwelling-house, asks or receives the payment of any sum, or the giving of any other consideration, by any person other than the landlord, shall be guilty of an offence.

(2) Where a statutory tenant of a dwelling-house requires that furniture or other articles shall be purchased as a condition of his giving up possession of the dwelling-house, the price demanded shall, at the request of the person on whom the demand is made, be stated in writing, and if the price exceeds the reasonable price of the articles the excess shall be treated, for the purposes of subsection (1) above, as a sum asked to be paid as a condition of giving up possession.

(3) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.

(4) The court by which a person is convicted of an offence under this section may order the payment—

(a) to the person who made any such payment, or gave any such consideration, as is referred to in subsection (1) above, of the amount of that payment or the value of that consideration, or

(b) to the person who paid any such price as is referred to in subsection (2) above, of the amount by which the price paid exceeds the reasonable price.

Section 17 Change of statutory tenant by agreement.

(1) Where it is so agreed in writing between a statutory tenant (in this section referred to as “ the outgoing tenant ”) and a person proposing to occupy the dwelling-house (in this section referred to as “ the incoming tenant ”), the incoming tenant shall, subject to the following provisions of this section, be deemed to be the statutory tenant of the dwelling-house as from such date as may be specified in the agreement (in this section referred to as “ the transfer date ”).

(2) Such an agreement as is referred to in subsection (1) above shall not have effect unless the landlord is a party thereto, and, if the consent of any superior landlord would have been required to an assignation of the previous contractual tenancy, the agreement shall not have effect unless the superior landlord is a party thereto.

(3) If the outgoing tenant is the statutory tenant by virtue of his previous protected tenancy, then, subject to subsection (6) below, the provisions of this Act shall have effect, on and after the transfer date, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy.

(4) Subjet to subsections (5) and (6) below, if the outgoing tenant is a statutory tenant by succession, then on and after the transfer date,—

(a) the provisions of this Act shall have effect as if the incoming tenant were a statutory tenant by succession, and

(b) the incoming tenant shall be deemed to have become a statutory tenant by virtue of that paragraph of Schedule 1 to this Act by virtue of which the outgoing tenant became (or is deemed to have become) a statutory tenant.

(5) If the outgoing tenant is a statutory tenant by succession, the agreement referred to in subsection (1) above may provide that, notwithstanding anything in subsection (4) above, on and after the transfer date, the provisions of this Act shall have effect, subject to subsection (6) below, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy.

(6) Unless the incoming tenant is deemed, by virtue of subsection (4)(b) above, to have become a statutory tenant by virtue of paragraph 6 or 7 of Schedule 1 to this Act, paragraphs 5 to 7 of that Schedule shall not apply where a person has become a statutory tenant by virtue of this section.

(7) In this section “ the dwelling-house ” means the aggregate of the premises comprised in the statutory tenancy of the outgoing tenant.

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

(1) Any person who requires the payment of any pecuniary consideration for entering into such an agreement as is referred to in section 17(1) above shall be liable to a fine not exceeding level 3 on the standard scale.

(2) The court by which a person is convicted of an offence under subsection (1) above may order the amount of the payment to be repaid by the person to whom it was paid.

(3) Without prejudice to subsection (2) above, the amount of any such payment as is referred to in subsection (1) above shall be recoverable by the person by whom it was made either by proceedings for its recovery or, if it was made to the landlord by a person liable to pay rent to the landlord, by deduction from any rent so payable.

(4) Notwithstanding anything in subsection (1) above, if apart from this section he would be entitled to do so, the outgoing tenant may require the payment by the incoming tenant—

(a) of so much of any outgoings discharged by the outgoing tenant as is referable to any period after the transfer date;

(b) of a sum not exceeding the amount of any expenditure reasonably incurred by the outgoing tenant in carrying out any structural alteration of the dwelling-house or in providing or improving fixtures therein, being fixtures which, as against the landlord, the outgoing tenant is not entitled to remove;

(c) where the outgoing tenant became a tenant of the dwelling-house by virtue of an assignation of the previous protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by the assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in paragraph (b) above; or

(d) where part of the dwelling-house is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the incoming tenant in connection with his becoming a statutory tenant of the dwelling-house or accruing to him in consequence thereof.

(5) In this section “ outgoing tenant ”, “ incoming tenant ”, “ the transfer date ” and “ the dwelling-house ” have the same meanings as in section 17 above.

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

(1) If the First-tier Tribunal makes an order for possession of a dwelling-house from a tenant and the order is made by virtue of paragraph (a) or paragraph (b) of section 11(1) above, nothing in the order shall affect the right of any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet before the commencement of the proceedings to retain possession by virtue of this Part of this Act, nor shall the order operate to give a right to possession as against any such sub-tenant.

(2) Where a protected or statutory tenancy of a dwelling-house is determined, either as a result of an order for possession or for any other reason (apart from a determination by virtue of section 5 above) any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms as he would have held from the tenant if the tenant’s protected or statutory tenancy had continued.

(3) A tenancy at a low rent which, had it not been a tenancy at a low rent, would have been a protected tenancy of a dwelling-house shall be treated for the purposes of subsection (2) above as protected tenancy.

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

(1) If, in a case where section 19(2) above applies, the relevant conditions are fulfilled, the terms on which the subtenant is, by virtue of that subsection, deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services.

(2) The relevant conditions referred to in subsection (1) above are—

(a) that the tenancy or statutory tenancy which is determined as mentioned in the said section 19(2) was neither a protected furnished tenancy nor a statutory furnished tenancy;

(b) that, immediately before the determination of that tenancy or statutory tenancy, the sub-tenant referred to in that section was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and

(c) that the landlord, within the period of six weeks beginning with the day on which the tenancy or statutory tenancy referred to in that section is determined, serves notice on the sub-tenant that this section is to apply to his tenancy or statutory tenancy.

(3) In this section, “ services ” has the same meaning as in section 81(1)

below.

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

Where, in such circumstances as are specified in Case 7 or Case 8 in Schedule 2 to this Act, a landlord obtains an order for possession of a dwellling-house let on a protected tenancy or subject to a statutory tenancy and it is subsequently made to appear to the First-tier Tribunal that the order was obtained by misrepresentation or concealment of material facts, the Tribunal may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.

Section 22 Unlawful eviction and harassment of occupier.

(1) If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof or attempts to do so he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

(2) If any person with intent to cause the residential occupier of any premises—

(a) to give up the occupation of the premises or any part thereof; or

(b) to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;

does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.

(2A) Subject to subsection (2B) below the landlord of any premises or an agent of the landlord shall be guilty of an offence if—

(a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household; or

(b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

(2B) A person shall not be guilty of an offence under subsection (2A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; and

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(4) Nothing in this section shall be taken to prejudice any liability or remedy to which a person guilty of an offence thereunder may be subject in civil proceedings.

(5) In this section “ residential occupier ”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

Section 23 Prohibition of eviction without due process of law.

(1) Where any premises have been let as a dwelling under a tenancy which is not a statutorily protected tenancy within the meaning of this Part of this Act or a right of a kind to which Part VII of this Act applies to use a dwelling-house has been granted before or after the commencement of this Act and—

(a) the tenancy or, as the case may be, the right to use (in this Part of this Act referred to as the former tenancy) has come to an end; but

(b) the occupier continues to reside in the premises or part of them;

subject to section 23A, it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court First-tier Tribunal , his right to recover possession of the premises.

(2) For the purposes of this Part of this Act a person who, under the terms of his employment, had exclusive possession of any premises otherwise than as a tenant shall be deemed to have been a tenant and the expressions “ let ”; and “ tenancy ” shall be construed accordingly.

(2A) Subsections (1) and (2) above apply in relation to any premises occupied (whether exclusively or not) as a dwelling other than under a tenancy as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “ let ” and “ tenancy ” shall be construed accordingly.

(3) In this Part of this Act “ the owner ”, in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof; and in this section “ the occupier ”, in relation to any premises, means any person lawfully residing in the premises or part of them at the termination of the former tenancy.

(4) The preceding provisions of this section shall, with the necessary modifications, apply where the owner’s right to recover possession arises on the death of the tenant under a statutory tenancy.

(5) Nothing in this section shall be taken to affect any rule of law prohibiting the securing of possession otherwise than by due process of law.

Section 23A Excluded tenancies and occupancy rights.

(1) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if—

(a) under its terms the occupier has the use of any accommodation in common with the owner or a member of his family (whether or not in common with other persons); and

(b) immediately before the tenancy or right was granted and at all times since then the owner occupied as his only or principal home premises of which the whole or part or the accommodation referred to in paragraph (a) above formed part.

(2) In subsection (1) above—

(a) “ accommodation ” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;

(b) “ owner ” means, in relation to a tenancy, the landlord and, in relation to a right to occupy, the person granting it, and in any case where there are joint landlords or grantors any one of them shall be regarded as the “owner”; and

(c) “ occupier ” means, in relation to a tenancy, the tenant and, in relation to a right to occupy, its grantee;

and section 83 of the Housing (Scotland) Act 1987 shall apply to determine whether a person is for the purposes of subsection (1) above a member of another’s family as it applies for the purposes of that Act.

(3) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it was granted as a temporary expedient to a person who entered the premises in question or any other premises without right or title (whether or not before the beginning of that tenancy or grant of that right another tenancy or right to occupy the premises or any other premises had been granted to him).

(4) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it confers on the tenant or occupier the right to occupy the premises for a holiday only.

(4A) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it was granted, for a term of less than 6 months, to a person—

(a) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc. ) of the Social Work (Scotland) Act 1968 (c.49), or

(b) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.

(5) Nothing in section 23 or 24 of this Act applies to a right of occupancy which confers rights of occupation in a hostel, within the meaning of the Housing (Scotland) Act 1987, which is provided by—

(a) a local authority within the meaning of the Local Government (Scotland) Act 1973 or a joint board or joint committee within the meaning of that Act;

(b) a development corporation within the meaning of the New Towns (Scotland) Act 1968;

(c) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;

(d) the Scottish Special Housing Association;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a registered housing association, within the meaning of the Housing Associations Act 1985; or

(g) any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.

(5A) Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under section 4 or Part VI of the Immigration and Asylum Act 1999 .

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The power to make an order under subsection (5)(g) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 24 Special provisions with respect to agricultural employees.

(1) The following provisions of this section shall apply where the tenant under the former tenancy occupied the premises under the terms of his employment as a person employed in agriculture (as defined in section 17 of the Agricultural Wages (Scotland) Act 1949).

(2) In this section “ the occupier ”, in relation to any premises, means—

(a) the tenant under the former tenancy; or

(b) the widow or widower of the tenant under the former tenancy residing with him at his death or, if the former tenant leaves no such widow or widower, any member of his family residing with him at his death.

(2A) In accordance with section 23(2A) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the person having a right to occupy premises as a dwelling otherwise than under a tenancy, being a right which has come to an end; and in the following provisions of this section the expressions “ tenancy ” and “ rent ” and any other expressions referable to a tenancy shall be construed accordingly.

(3) Without prejudice to any power of the First-tier Tribunal apart from this section to postpone the operation or suspend the execution of a decree of removing or warrant of ejection or other like order (in this section referred to as an “ order for possession ”), if in proceedings by the owner against the occupier the Tribunal makes an order for the possession of the premises the Tribunal may suspend the execution of the order on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, compensation to the owner for loss of possession and otherwise as the Tribunal thinks reasonable.

(4) Where the order for possession is made within the period of six months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the First-tier Tribunal under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the Tribunal shall suspend the execution of the order (on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, compensation to the owner for loss of possession and otherwise as the Tribunal thinks reasonable) for the remainder of the period of six months aforesaid unless the Tribunal —

(a) is satisfied either—

(i) that other suitable accommodation is, or will within that period be made, available to the occupier; or

(ii) that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or

(iii) that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period; or

(iv) that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises; and

(b) considers that it would be reasonable not to suspend the execution of the order for the remainder of that period;

but a decision of the Tribunal not to suspend the execution of the order under this subsection shall not prejudice any other power of the Tribunal to postpone the operation or suspend the execution of the order for the whole or part of the period of six months aforesaid.

(5) Where the First-tier Tribunal has under the preceding provisions of this section suspended the execution of an order for possession it may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this section.

(6) In considering whether or how to exercise its powers under subsection (3) of this section the First-tier Tribunal shall have regard to all the circumstances and, in particular, to the following, that is to say—

(a) whether other suitable accommodation is or can be made available to the occupier;

(b) whether the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises were available for occupation by a person employed or to be employed by the owner; and

(c) whether greater hardship would be caused by the suspension of the execution of the order than by its execution without suspension or further suspension.

(7) Where in proceedings for the recovery of possession of the premises the First-tier Tribunal makes an order for possession but suspends the execution of the order by virtue of this section, it shall make no order for expenses, unless it appears to the Tribunal , having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

(8) Where, in the case of an order for possession of the premises to which subsection (4) of this section applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the First-tier Tribunal that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was—

(a) attributable to the provisions of paragraph (a)(ii) of that subsection, and

(b) due to misrepresentation or concealment of material facts by the owner of the premises,

the Tribunal may order the owner to pay the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.

Section 25 Interpretation.

(1) In this Part of this Act—

“ the court ”, subject to the provisions of this section, means the sheriff;

“ statutorily protected tenancy ” means a protected tenancy or a tenancy to which any of the following Act apply—

the Small Landholders (Scotland) Acts 1886 to 1931;

the Tenancy of Shops (Scotland) Act 1949;

the Agricultural Holdings (Scotland) Act 1991 ;

the Crofters (Scotland) Acts 1955 and 1961;

the Agricultural Holdings (Scotland) Act 2003 (that is a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy).

...

(2) Nothing in this Part of this Act shall affect any jurisdiction of the Court of Session in relation to actions of removing.

(3) Nothing in this Part of this Act shall affect the operation of—

(a) section 19 of the Defence Act 1842;

(b) section 89 of the Lands Clauses Consolidation (Scotland) Act 1845;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 26 Application to Crown.

In so far as this Part of this Act requires the taking of proceedings in the First-tier Tribunal for the recovery of possession or confers any powers on the Tribunal , it shall be binding on the Crown.

Section 27 Application to sheriff

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 28 Limit of rent during contractual periods.

(1) Where the rent payable for any contractual period of a regulated tenancy of a dwelling-house would exceed the limit specified in the following provisions of this section (in this Part of this Act referred to as “ the contractual rent limit ”), the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

(2) Where a rent for the dwelling-house is registered under Part V of this Act then, subject to sections 33 . . . below, the contractual rent limit is the rent so registered.

Section 29 Limit of rent during statutory periods

(1) Except as otherwise provided by the following provisions of this Part of this Act, where the rent payable for any statutory period of a regulated tenancy of a dwelling-house would exceed the rent recoverable for the last contractual period thereof, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . where a rent for the dwelling-house is registered under Part V of this Act the following provisions shall apply with respect to the rent for any statutory period of a regulated tenancy of the dwelling-house, that is to say—

(a) if the rent payable for any statutory period would exceed the rent so registered, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant; and

(b) if the rent payable for any statutory period would be less than the rent so registered, it may, subject to section 33 below, be increased up to the amount of that rent by a notice of increase served by the landlord on the tenant and specifying the date (which may be any date during a rental period) from which the increase is to take effect.

(3) The date specified in a notice of increase under subsection (2)(b) above shall not be earlier than the date from which the registration of the rent took effect nor earlier than four weeks before the service of the notice.

(4) Where no rent for the dwelling-house is registered under Part V of this Act the provisions of sections 30 and 31 below shall have effect with respect to the rent recoverable for any statutory period under a regulated tenancy of the dwelling-house.

(5) In relation to any rental period beginning after a tenancy has become a converted tenancy, this and the two next following sections shall have effect as if references therein to the last contractual period were references to the last rental period beginning before the conversion.

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

(1) Where section 29(4) above applies and for any statutory period there is with respect to—

(a) the provision of services for the tenant by the landlord or a superior landlord, or

(b) the use of furniture by the tenant,

or any circumstances relating thereto any difference, in comparison with the last contractual period, such as to affect the amount of the rent which it is reasonable to charge, the recoverable rent for the statutory period shall be increased or decreased by an appropriate amount.

(2) Any question whether, or by what amount, the recoverable rent for any period is increased or decreased by virtue of this section shall be determined by agreement in writing between the landlord and the tenant or by the First-tier Tribunal ; and any such determination—

(a) may be made so as to relate to past statutory periods; and

(b) shall have effect with respect to statutory periods subsequent to the periods to which it relates until revoked or varied by any such agreement as is referred to in this subsection or by the First-tier Tribunal .

Section 32 Notices of increase.

(1) Any reference in the following provisions of this section to a notice of increase is a reference to a notice of increase under section 29(2) . . . above.

(2) A notice of increase must be in the prescribed form.

(3) Notwithstanding that a notice of increase relates to statutory periods, it may be served during a contractual period; and where such a notice is served during a contractual period and the protected tenancy could, by a notice to quit served by the landlord at the same time, be brought to an end before the date specified in the notice of increase, the notice of increase shall operate to convert the protected tenancy into a statutory tenancy as from that date.

(4) If the First-tier Tribunal is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord, the First-tier Tribunal may order the amendment of the notice by correcting any error or supplying any omission therein which, if not corrected or supplied, would render the notice invalid and, if the First-tier Tribunal so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.

(5) Any amendment of a notice of increase under subsection (4) above may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the First-tier Tribunal to be just and reasonable.

(6) No increase of rent which becomes payable by reason of an amendment of a notice of increase under subsection (4) above shall be recoverable in respect of any statutory period which ended more than six months before the date of the order making the amendment.

Section 33 Limits on rent increases

(1) The Secretary of State shall be order make the following provisions in relation to regulated tenancies in respect of which there are registered rents which are registered on or after 1st December 1980 under Part V of this Act, that is to say he shall—

(a) specify the maximum amount by which the total of the rent payable under a tenancy to which this subsection applies in any period specified in the order beginning with the relevant date for the purposes of sections 46 and 47 below or with any subsequent anniversary of that date may be increased;

(b) restrict the total additional rental income which may be recovered by a landlord under such a tenancy in any period specified in the order beginning with the relevant date for the purposes of sections 46 and 47 below or with any subsequent anniversary of that date to such amount as is specified in the order.

(2) An order made under subsection (1) above shall be made by statutory instrument subject to annulment in pursuance of a resolution by either House of Parliament, and may contain such supplementary and incidental provisions as the Secretary of State thinks fit.

(3) For the purposes of subsection (1) above “ rent ” and “ rental income ” do not include sums paid to the landlord in respect of the provision of any services.

Section 34 Rent agreements.

(1) In this Part of this Act “ a rent agreement with a tenant having security of tenure ” means—

(a) an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or

(b) the grant to the tenant under a regulated tenancy, or to any person who might succeed him as a statutory tenant, of another regulated tenancy of the dwelling-house at a rent exceeding the rent under the previous tenancy:

. . .

(2) If a rent agreement with a tenant having security of tenure takes effect on or after 1st January 1973, and at a time when no rent is registered for the dwelling-house under Part V of this Act, the requirements of subsection (3) below shall be observed as respects the agreement.

(3) The said requirements are that—

(a) the agreement is in writing signed by the landlord and the tenant,

(b) the agreement contains a statement, in characters not less conspicuous than those used in any other part of the agreement, that the tenant’s security of tenure under this Act will not be affected if he refuses to enter into the agreement, and that entry into the agreement will not deprive the tenant or the landlord of the right to apply at any time to the rent officer for the registration of a fair rent under Part V of this Act, or words to that effect,

(c) the agreement contains a statement that, if a rent is registered under Part V of this Act in respect of the dwelling-house, any increase in the rent may be limited under section 33 above, and

(d) the statements mentioned in paragraphs (b) and (c) above are set out at the head of the agreement.

Section 35 Rent agreements: special provisions following conversion.

(1) Subject to subsections (2) and (3) below, this section applies where a rent agreement with a tenant having security of tenure of a dwelling-house is entered into, whether before or after a tenancy becomes a converted tenancy, which is expressed to take effect—

(a) on or after 1st January 1973 and after the conversion, and

(b) at a time when no rent is registered for the dwelling-house under Part V of this Act.

(2) This section shall not apply to any agreement where the tenant is neither the person who, at the time of the conversion, was the tenant, nor a person who might succeed the tenant at that time as a statutory tenant, and where this section has applied to any agreement, it shall not apply to any subsequent agreement relating to the dwelling-house which takes effect more than three years after the first such agreement took effect.

(3) Where a rent is registered for the dwelling-house and the registration is subsequently cancelled, this section shall not apply to the agreement submitted to the rent officer in connection with the cancellation nor to any agreement which takes effect after the cancellation.

(4) The provisions of this section are without prejudice to the requirements imposed by section 34 above.

(5) The following requirements shall be observed with respect to any such agreement as is mentioned in subsection (1) above—

(a) the agreement shall contain the prescribed particulars,

(b) the agreement, when duly completed, shall be lodged by the landlord with the rent officer, and

(c) the landlord shall, not later than the date when the agreement is lodged with the rent officer, serve a copy of the agreement on the tenant.

(6) No such agreement shall take effect earlier than 28 days after it is lodged with the rent officer under subsection (5)(b) above, and it may only take effect on or after that date if the rent officer has not before that date notified both the landlord and the tenant in writing that he proposes to treat the agreement as an application for the registration of a rent for the dwelling-house under Part V of this Act made jointly by the landlord and the tenant.

(7) The rent officer may treat an agreement as such a joint application as is referred to in subsection (6) above before the conversion if an application for the registration of a rent could have been made by virtue of section 38 of the Housing (Financial Provisions) (Scotland) Act 1972.

(8) A rent officer may treat an agreement as such a joint application only if he is satisfied that the rent payable under the agreement exceeds a fair rent for the dwelling-house.

(9) Where an agreement is treated by the rent officer as such a joint application then, subject to subsection (10) below, Schedule 5 to this Act shall apply as if the application had been made to him and as if any reference in that Schedule to the rent specified in the application included a reference to the rent expressed to be payable under the agreement.

(10) For the purposes of subsection (9) above, paragraph 3(1)

of the said Schedule 5 shall have effect as if for the words “he may register that rent without further proceedings” there were substituted the words “he shall notify both the landlord and the tenant in writing that he is no longer treating the agreement as a joint application for the registration of a rent and that the agreement may take effect on or after the date of such notification if that date is later than 28 days after the agreement was lodged with him.”

(11) The rent officer shall make available for public inspection, without charge, any agreement which has been lodged with him under this section unless the agreement is treated by him as a joint application for the registration of a rent and a rent is subsequently registered in pursuance of such application; and any agreement which is made available for public inspection under this subsection shall be so available for a period of three years from the date which is 28 days after it has been lodged with the rent officer.

(12) A copy of such an agreement certified by the rent officer or any person duly authorised by him shall be receivable in evidence, and shall be sufficient evidence of the agreement in any court or tribunal and in any proceedings.

(13) A person requiring such a certified copy shall be entitled to obtain it on payment of the prescribed fee.

(14) No stamp duty shall be chargeable on any agreement to which this section applies which contains—

(a) the statement required by section 34(3)(b) above as read with subsection (4) above, and

(b) the particulars prescribed pursuant to this section.

Section 36 Failure to comply with provisions of rent agreements.

(1) If, in the case of a variation of the terms of a regulated tenancy, there is a failure on the part of the landlord to observe any of the requirements of section 34 or 35 above, any excess of the rent payable under the terms as varied over the terms without the variation shall be irrecoverable from the tenant.

(2) If, in the case of the grant of a tenancy, there is a failure on the part of the landlord to observe any of the requirements of section 34 or 35 above, any excess of the rent payable under the tenancy so granted (for any contractual or any statutory period of the tenancy) over the previous limit shall be irrecoverable from the tenant.

(3) In subsection (2) above the “ previous limit ” shall be taken to be the amount which (taking account of any previous operation of this section) was recoverable by way of rent for the last rental period of the previous tenancy of the dwelling-house, or which would have been so recoverable if all notices of increase authorised by section 36(2) of the Housing (Financial Provisions) (Scotland) Act 1972 or by this Act had been served.

(4) A default in complying with subsection (5)(c) of section 35 above shall not apply to rent for any rental period after the default is made good, and, if a rent agreement with a tenant having security of tenure is put into effect earlier than the date when it is provided under section 35 above that it may take effect, such a default shall not affect the rent for any rental period beginning after that date.

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

(1) Where a tenant has paid on account of rent any amount which, by virtue of this Part of this Act, is irrecoverable by the landlord, then, subject to subsection (3) below, the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

(2) Subject to subsection (3) below, any amount which a tenant is entitled to recover under subsection (1) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

(3) ... No amount which a tenant is entitled to recover under subsection (1) above shall be recoverable at any time after the expiry of two years from the date of payment.

Section 37A Extension of time limits for recovery from landlord: cross-border mediation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 38 Onus on landlord.

(1) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part of this act shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

(2) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within seven days, the landlord shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

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

Where, in any proceedings, the recoverable rent of a dwelling-house subject to a regulated tenancy is determined by the First-tier Tribunal , then, on the application of the tenant (whether in those or in any subsequent proceedings) the Tribunal may call for the production of the rent book or any similar document relating to the dwelling-house and may order the correction of any entries showing, or purporting to show, the tenant as being in arrears in respect of any sum which the Tribunal has determined to be irrecoverable.

Section 40 Adjustment for differences in lengths of rental periods.

In ascertaining for the purposes of this Part of this Act whether there is any difference with respect to rents . . . between one rental period and another (whether of the same tenancy or not) or the amount of any such difference, any necessary adjustment shall be made to take account of periods of different lengths; and for the purposes of such an adjustment a period of one month shall be treated as equivalent to one-twelfth of a year and a period of a week as equivalent to one-fifty-second of a year.

Section 41 Regulations.

(1) The Secretary of State may make regulations—

(a) prescribing the form of any notice or other document to be given or used in pursuance of this Part of this Act;

(b) prescribing anything required or authorised to be prescribed by this Part of this Act; and

(c) prescribing matters as to which notice is to be given to a tenant of a dwelling-house let on or subject to a regulated tenancy by means of notices inserted in rent books and similar documents and the forms of such notices.

(2) Any such regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) If any rent book or similar document which does not conform to the prescribed requirements is used by or on behalf of any landlord, the landlord shall be liable to a fine not exceeding level 3 on the standard scale.

Section 42 Interpretation of Part IV.

(1) In this Part of this Act—

“ contractual period ” means a rental priod of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy;

“ contractual rent limit ” has the meaning assigned to it by section 28(1) above;

“ notice of increase ” means a notice of increase under section 29(2) or 30(2) above, as the case may require;

“ prescribed ” means prescribed by regulations under section 41 above, and references to a prescribed form include references to a form substantially to the same effect as the prescribed form;

“ recoverable rent ” means rent which, under a regulated tenancy, is or was for the time being recoverable, having regard to the provisions of this Part of this Act;

“ a rent agreement with a tenant having security of tenure ” has the meaning assigned to it by section 34 above;

“ rental period ” means a period in respect of which a payment of rent falls to be made;

“ statutory period ” means any rental period of a regulated tenancy which is not a contractual period.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 43 Registration areas and rent officers.

(1) The registration areas for the purposes of this Part of this Act shall be the areas of local authorities .

(2) The Secretary of State may, after consultation with the local authority or local authorities concerned, make directions—

(a) as to the groupings of registration areas or parts thereof, or

(b) deeming any part of a registration area to be a separate registration area,

and any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of this subsection.

(3) Subject to section 43A below, The Secretary of State shall for every registration area, after consultation with the local authority or local authorities for that area, appoint such number of rent officers for the area as he may think fit.

(4) Where the Secretary of State made a direction under subsection (2) above, or an appointment under subsection (3) above, which came into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of the said subsection (2) or (3) if he consulted either the existing or the new local authority or local authorities before that date.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) References in this Act to the rent officer are references to any rent officer appointed for any area under this section.

Section 43A Rent registration service providers.

(1) The Secretary of State may, if he thinks fit, make arrangements (“rent registration arrangements”) with another person (a “rent registration service provider”) for the performance by that person in accordance with the arrangements of the functions mentioned in subsection (2) below.

(2) Those functions are the functions, under this Part of this Act and Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016 , of the rent officer for such registration area or areas as are specified in the rent registration arrangements.

(3) While rent registration arrangements are in force in relation to a registration area, section 43(3) above shall not apply in respect of that area.

(4) The appointment of any rent officer appointed for a registration area in relation to which rent registration arrangements have been made shall terminate on the date on which the arrangements come into force.

(5) Rent registration arrangements shall not include any provision calculated to influence the exercise of the rent registration service provider’s judgment in the performance of his functions.

(6) A rent registration service provider performing functions in pursuance of rent registration arrangements shall not be regarded as a servant or agent of the Crown and shall not have any status, immunity or privilege of the Crown.

(7) References in this Part of this Act (other than sections 43, 43B, 43C and this section), Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016 and any other enactment (including an enactment contained in subordinate legislation) to a rent officer shall, as respects a registration area in relation to which rent registration arrangements are in force, be construed as references to the rent registration service provider responsible for the performance of the functions of the rent officer for that area.

(8) A rent registration service provider may perform his functions through an employee or agent and, if he does so—

(a) any decision of, and anything else done or omitted to be done by or in relation to, the employee or agent shall, for the purposes of any enactment (including an enactment contained in subordinate legislation), be deemed to be a decision of or, as the case may be, done or omitted to be done by or in relation to the rent registration service provider; and

(b) where any enactment refers to the personal knowledge, experience or opinion of a rent officer the knowledge, experience or opinion of the employee or agent shall be deemed to be that of the rent registration service provider.

(9) Subsection (8)(a) above is without prejudice to section 43C below.

Section 43B Supplementary provisions regarding rent registration service providers.

(1) Where—

(a) rent registration arrangements are in force in relation to a registration area (“existing arrangements”); and

(b) the Secretary of State decides not to make further such arrangements in relation to that area in respect of the period following the expiry or termination of the existing arrangements,

then, notwithstanding section 43A(3) above, he may under section 43(3) above appoint rent officers for the area, such appointments taking effect on the expiry or, as the case may be, the termination of the existing arrangements.

(2) For the purposes of subsections (3) and (4) below, a change of responsibility takes place where—

(a) under rent registration arrangements in relation to a registration area, a rent registration service provider assumes responsibility for the performance of functions which, immediately prior to the coming into force of the arrangements, were performed by a rent officer for the area or by another rent registration service provider; or

(b) a rent officer is appointed for a registration area in relation to which, immediately prior to the coming into force of the appointment, rent registration arrangements were in force.

(3) Where a change of responsibility takes place the Secretary of State shall publish, in such manner as he considers appropriate, a notice specifying—

(a) the registration area concerned;

(b) the date when the change takes effect; and

(c) the name and official address of the person who is rent officer or, as the case may be, rent registration service provider after that date.

(4) Where a change of responsibility takes place—

(a) any decision taken, and anything else done or omitted to be done in the performance of the functions mentioned in section 43A(2) above by or in relation to the person previously responsible for the performance of those functions shall have effect as if taken or, as the case may be, done or omitted to be done by or in relation to the person currently so responsible; and

(b) any court or tribunal proceedings by or against the person previously so responsible and relating to the performance by him of those functions shall continue by or against the person currently so responsible.

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

(1) Schedule 15 to the Deregulation and Contracting Out Act 1994 (restrictions on disclosure of information) shall, where contractor A within the meaning of that Schedule is a rent registration service provider, apply with the following modifications.

(2) Without prejudice to paragraph 10(1), references to an employee of contractor A and, where contractor B within the meaning of that Schedule is also a rent registration service provider, to an employee of contractor B shall be taken to include references to an agent, and the employee of an agent, of contractor A or, as the case may be, of contractor B.

(3) Subject to subsections (4) to (6) below, references to authority A shall be taken to be references to the rent officer for any registration area specified in the rent registration arrangements.

(4) In paragraph 2(a), the reference to authority A shall be taken to be a reference to such a rent officer or the Secretary of State.

(5) In paragraphs 3(2)(b), 4(2)(b), 5(b) and 8 and, in paragraph 10(1), in the definition of “ancillary services”, the reference to authority A shall be taken to be a reference to the Secretary of State.

(6) In the definition of “related function” in paragraph 10(1), the reference to a function of authority A which is certified by that authority shall be taken to be a reference to a function of a rent officer which is certified by the Secretary of State.