PART 4Rent
CHAPTER 2Rent variation instigated by landlord’s notice
Process by which rent may be varied
22Landlord’s power to increase rent
1
The landlord under a private residential tenancy may increase the rent payable under the tenancy by giving the tenant a notice in accordance with this section (“a rent-increase notice”).
2
The notice must––
a
specify––
i
the rent that will be payable once the increase takes effect,
ii
the day on which the increase is to take effect, and
b
fulfil any other requirements prescribed by the Scottish Ministers in regulations.
3
The rent increase takes effect on the effective date, unless before that date—
a
the landlord intimates to the tenant that the notice is rescinded, or
b
the tenant makes a referral to a rent officer under section 24.
4
For the purpose of subsection (3), the effective date is the date of the later of—
a
the day specified in the notice in accordance with subsection (2)(a)(ii), or
b
the day after the day on which the minimum notice period ends.
5
In subsection (4)(b), “the minimum notice period” means a period which—
a
begins on the day the notice is received by the tenant, and
b
ends on the day falling—
i
three months after it began, or
ii
whatever longer period after it began as the landlord and tenant have agreed between them.
6
In subsection (5), the reference to a period of three months is to a period which ends in the month which falls three months after the month in which it began, either—
a
on the same day of the month as it began, or
b
if the month in which the period ends has no such day, on the final day of that month.