- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Scottish Statutory Instruments
Housing
Made
24th October 2017
Laid before the Scottish Parliament
26th October 2017
Coming into force
1st December 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 53(1) and (3) and paragraph 8(1)(a) of schedule 5 of the Rent (Scotland) Act 1984 M1 and sections 17(2), and (3), 19(3), 24(1) and (3), 34(1), 48(2), 53(3) and 55(1) of the Housing (Scotland) Act 1988 M2 and all other powers enabling them to do so.
Modifications etc. (not altering text)
C1Regulations applied (with modifications) (temp.) (28.10.2022 immediately after 9.35 a.m.) by The Assured Tenancies and Private Residential Tenancies (Prescribed Notices and Forms) (Miscellaneous Temporary Modifications) (Scotland) Regulations 2022 (S.S.I. 2022/307), regs. 1(1), 3, sch. 2 (with regs. 1(2)(3), 4)
C2Regulations applied (with modifications) (temp.) (1.4.2023) by The Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023 (S.S.I. 2023/58), regs. 1(1), 5, sch. 4 (with regs. 1(2)(3), 6)
C3Regulations applied (with modifications) (temp.) (1.4.2023) by The Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023 (S.S.I. 2023/58), regs. 1(1), 4, sch. 3 (with regs. 1(2)(3), 6)
Marginal Citations
M11984 c.58. Section 53 was amended by sections 48(1) and 52 of the Housing (Scotland) Act 1988 (c.43) and S.S.I. 2016/337. Paragraph 8(1) was amended by paragraph 5 of schedule 6 of the Housing (Scotland) Act 2006 (asp 1) (“the 2006 Act”) and S.S.I. 2016/337. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).
M21988 c.43. Section 17(3) was amended by paragraph 16 of schedule 6 of the 2006 Act. Section 19(3) was amended by paragraph 85(b) of schedule 17 of the Housing Act 1988 (c.50). Section 24(1) was amended by paragraph 100(a) of schedule 11 of the Local Government and Housing Act 1989 (c.42). Sections 24(3), 34(1) and 48(2) were amended by paragraph 16 of schedule 6 of the 2006 Act and S.S.I. 2016/337. Section 55(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).
1. These Regulations may be cited as the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 and come into force on 1st December 2017.
2. The forms set out in the schedule are the forms to be used for the purposes of the provisions of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 which are referred to in those forms.
3.—(1) Regulation 5(2) and schedule 4 of the Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991 are revoked.
(2) Regulation 3 and schedule 2 of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016 are revoked.
4.—(1) Despite their revocation by regulation 3, regulation 5(2) and schedule 4 of the Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991 M3 continue to have effect in relation to any rent book required by section 79(1) of the Rent (Scotland) Act 1984 and in existence immediately before 1st December 2017.
(2) On and after 1st December 2017, a form under the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016 M4 which was served on a landlord or tenant or used to make an application to the First-tier Tribunal for Scotland Housing and Property Chamber prior to 1st December 2017, is to be treated for all purposes as if it were the equivalent form under these Regulations.
Marginal Citations
M3S.I. 1991/1521 amended by S.I. 1993/647, S.S.I. 2007/475 and S.S.I. 2016/337.
M4S.S.I. 2016/339 amended by S.S.I. 2017/68 and S.S.I. 2017/328.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
Regulation 2
Form Name | Purpose | Relevant provisions of the Rent (Scotland) Act 1984 |
---|---|---|
Form 6 | Notice requiring landlord or tenant to supply the First-tier Tribunal for Scotland Housing and Property Chamber with information | Paragraph 8(1)(a) of schedule 5 |
Form of rent book | Form under section 79(1) | Section 79(1) |
Form No | Purpose | Relevant provisions of the Housing (Scotland) Act 1988 |
AT1 (L) | Notice by landlord under section 17(2) proposing terms of a statutory assured tenancy different from the terms of the former tenancy | Section 17(2) |
AT1 (T) | Notice by tenant under section 17(2) proposing terms of a statutory assured tenancy different from the terms of the former tenancy | Section 17(2) |
AT2 | Notice by landlord under section 24(1) of an increase of rent under an assured tenancy | Section 24(1) |
AT3 (L) | Application by a landlord to the First-tier Tribunal for Scotland Housing and Property Chamber for a determination of the terms of a statutory assured tenancy and, if appropriate, rent for that tenancy under section 17(3) of the Housing (Scotland) Act 1988 | Section 17(3) |
AT3 (T) | Application by a tenant to the First-tier Tribunal for Scotland Housing and Property Chamber for a determination of the terms of a statutory assured tenancy and, if appropriate, rent for that tenancy under section 17(3) of the Housing (Scotland) Act 1988 | Section 17(3) |
AT4 | Application by a tenant to the First-tier Tribunal Housing and Property Chamber for a determination of rent under sections 24(3) and 34(1) of the Housing (Scotland) Act 1988 | Section 24(3) and 34(1) |
AT6 | Notice under section 19 of intention to raise proceedings for possession | Section 19 |
AT8 | Notice under section 48(2) requiring that a landlord or tenant supply the First-tier Tribunal for Scotland Housing and Property Chamber with information | Section 48(2) |
(This note is not part of the Regulations)
These Regulations set out the forms to be used for certain purposes of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 and for the purposes of proceedings before the First-tier Tribunal for Scotland Housing and Property Chamber (“the Tribunal”).
Form 6 and the form of rent book are required in relation to the Rent (Scotland) Act 1984 and are used respectively, as a notice requiring a landlord or tenant to supply information to the Tribunal and the rent book required under section 79(1) of that Act.
The other forms in the schedule relate to assured tenancies, including short assured tenancies, under the Housing (Scotland) Act 1988. The forms are in relation to proposing terms of a statutory assured tenancy by the landlord (AT1(L)) or by the tenant (AT1(T)), notice of a rent increase (AT2), application for determination of terms of the tenancy to the Tribunal by the landlord (AT3(L)) or by the tenant (AT3(T)), application for determination of rent (AT4), notice of intention to raise proceedings (AT6) and notice requiring a landlord or tenant to supply information to the Tribunal (AT8).
Regulation 3 makes revocations. Regulation 4 makes a saving provision in respect of an existing rent book required under section 79(1) of the Housing (Scotland) Act 1984 and a transitional provision to enable a form served on a landlord or tenant or used to make an application to the Tribunal prior to these Regulations coming into force to be treated as if it were an equivalent form under these Regulations.
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys
The data on this page is available in the alternative data formats listed: