The Landlord’s Repairing Obligations (Specified Rent) (Scotland) (No. 2) Order 1988

Statutory Instruments

1988 No. 2155 (S.208)

LANDLORD AND TENANT, SCOTLAND

The Landlord’s Repairing Obligations (Specified Rent) (Scotland) (No. 2) Order 1988

Made

9th December 1988

Laid before Parliament

12th December 1988

Coming into force

2nd January 1989

The Secretary of State, in exercise of the powers conferred on him by paragraph 1 of Schedule 10 to the Housing (Scotland) Act 1987 (1)and of all other powers enabling him in that behalf hereby makes the following Order:

1.  This Order may be cited as the Landlord’s Repairing Obligations (Specified Rent) (Scotland) (No. 2) Order 1988 and shall come into force on 2nd January 1989.

2.  For the purposes of paragraph 1 of Schedule 10 to the Housing (Scotland) Act 1987 (Landlord’s obligations to repair a house under which no rent is payable or the rent payable is less than that specified) there is specified

(a) in the case of a contract where the rent is payable weekly, a rent of £300 per week; and

(b) in the case of a contract where the rent is payable for any other period, a rent calculated for that period at the rate of £300 per week.

3.  The Landlord’s Repairing Obligations (Specified Rent) (Scotland) Order 1988 (2)is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

9th December 1988

Explanatory Note

(This note is not part of the Order)

Paragraph 1 of Schedule 10 to the Housing (Scotland) Act 1987 as amended by paragraph 9 of Schedule 8 to the Housing (Scotland) Act 1988 provides that in any contract to which the paragraph applies there shall, notwithstanding any stipulations to the contrary, be implied a condition that the house is at the commencement of the tenancy and an undertaking that the house will be kept by the landlord during the tenancy in all respects reasonably fit for human habitation.

Paragraph (1) applies to any contract for letting a house for human habitation under which no rent is payable or the rent payable is less than that specified by order. This order specifies —

(a) in the case of a contract where the rent is payable weekly, a rent of £300 per week; and

(b) in the case of a contract where the rent is payable for any other period, a rent calculated for that period at the rate of £300 per week.

(1)

1987 c. 26; paragraph 1 of Schedule 10 was amended by the Housing (Scotland) Act 1988 (c. 43), Schedule 8, paragraph 9.

(2)

S.I. 1988/2086