(1)On an application by the landlord under a private residential tenancy, a rent officer is to determine the amount (if any) by which the rent payable under the tenancy may be increased in consequence of an improvement made to the let property.
(2)The rent payable under a tenancy may not be increased by virtue of a determination made in respect of an improvement which was completed before—
(a)the tenancy was granted, or
(b)if the rent payable under the tenancy has changed previously, the day on which it last changed.
(3)The rent payable under a tenancy may not be increased more than once by virtue of a single determination.
(4)In subsection (1), “improvement” does not include anything done to the let property—
(a)which is paid for in whole or in part by the tenant, or
(b)by way of repair, maintenance or decoration.
(5)In a case where two or more persons jointly are the tenant under a tenancy, the reference to the tenant in subsection (4)(a) includes any one of them.
Modifications etc. (not altering text)
C1Ss. 35-43 modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(19) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2))
Commencement Information
I1S. 42 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.