C1C3C2C4Part II Rented Accommodation

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335

C4

Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Assured tenancies—rents and other terms

24AF1Consideration of notice to increase rent by rent officer

1

Where a rent officer receives a referral under section 24(3)(a), the rent officer is to decide whether the new rent specified in the notice under section 24(1) (“the proposed new rent”) would be an increase to the rent under the assured tenancy of more than the permitted rate.

2

If the rent officer decides under subsection (1) that the proposed new rent would be an increase to the rent under the assured tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent under the assured tenancy is the proposed new rent.

3

If the rent officer decides under subsection (1) that the proposed new rent would be an increase to the rent under the assured tenancy of more than the permitted rate, the rent officer must make an order stating that from the effective date the rent under the assured tenancy is the rent determined by the rent officer.

4

In determining the rent under subsection (3), the rent officer must determine that the rent is an amount that would be an increase to the existing rent under the assured tenancy of the permitted rate.

5

For the purpose of subsection (2) and (3), the effective date is—

a

where the rent officer makes the order 14 days or more before the original effective date, the original effective date,

b

otherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order.

6

In subsection (5)—

  • “original effective date” means the date on which the rent would have been increased in accordance with section 24(2) had a referral to the rent officer not been made, and

  • “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the assured tenancy.