Rent (Scotland) Act 1984

Part II S Applications Supported by Certificate of Fair Rent

Procedure on applications to rent officer S

11 (1) On receiving an application for the registration of a rent which is made as mentioned in section 47(4) above, the rent officer shall ascertain whether the works specified in the certificate of fair rent have been carried out in accordance with the plans and specifications which accompanied the application for the certificate or, as the case may be, whether— S

(a) the condition of the dwelling-house is the same as at the date of the certificate, and

(b) if any furniture is or is to be provided for use under a regulated tenancy of the dwelling-house, the quantity, quality and condition of the furniture in the dwelling-house accord with the prescribed particulars contained in the application for the certificate.

(2) If the rent officer is satisfied that the works have been so carried out or, as the case may be, that—

(a) the dwelling-house is in the same condition as at the date of the certificate, and

(b) if any furniture is or is to be provided for use under a regulated tenancy of the dwelling-house, the quantity, quality and condition of the furniture in the dwelling-house accord with the prescribed particulars contained in the application for the certificate,

he shall register the rent in accordance with the certificate.

(3) If the rent officer is not satisfied as mentioned in sub-paragraph (2) above, he shall serve on the applicant a notice stating the matters with respect to which he is not so satisfied and informing him that if, within 14 days from the service of the notice or such longer period as the rent officer or [F1 the First-tier Tribunal] may allow, the applicant makes a request in writing to that effect, the rent officer will refer the matter to [F1 the First-tier Tribunal].

Textual Amendments

F1 Words in Sch. 5 para. 11(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(g) (with sch. 1)

12 S If such a request as is mentioned in paragraph 11(3) above is made, then—

(a) if it is made within the period of 14 days specified in that paragraph or [F2 the First-tier Tribunal] so [F3 directs], the rent officer shall refer the matter to [F2 the First-tier Tribunal];

(b) if it is made after the expiry of that period, the rent officer may either refer the matter to [F2 the First-tier Tribunal] or seek the directions of [F2 the First-tier Tribunal] whether so to refer it

Textual Amendments

F2 Words in Sch. 5 para. 12 substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(h)(i) (with sch. 1)

F3 Word in Sch. 5 para. 12(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(h)(ii) (with sch. 1)

Procedure on references to [F4 private rented housing] committee S

Textual Amendments

F4 Words in Sch. 5 para. 13 cross-heading substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 5(f) (with s. 193); S.S.I. 2007/270, art. 3

13 (1) [F5 Where a matter is referred under paragraph 12 to the First-tier Tribunal] shall give the applicant an opportunity to make representations in writing or to be heard either in person or by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor. S

(2) After considering any representations made, under sub-paragraph (1) above, the [F6 First-tier Tribunal] shall notify the rent officer and the applicant whether [F7 it is] satisfied as mentioned in paragraph (2) above and—

(a) if [F7 it is] so satisfied [F8 it shall] direct the rent officer to register the rent in accordance with the certificate;

(b) if [F7 it is] not so satisfied [F8 it shall] direct the rent officer to refuse the application for registration.

Textual Amendments

F5 Words in Sch. 5 para. 13(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(i)(i) (with sch. 1)

F6 Words in Sch. 5 para. 13(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(i)(ii)(aa) (with sch. 1)

F7 Words in Sch. 5 para. 13(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(i)(ii)(bb) (with sch. 1)

F8 Words in Sch. 5 para. 13(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(i)(ii)(cc) (with sch. 1)

Provisional registration S

14 S Where a rent is registered in pursuance of such an application as is mentioned in paragraph 11(1) above by a person who intends to grant a regulated tenancy, the registration shall be provisional only until the regulated tenancy is granted and shall be of no effect unless the rent officer is notified in the prescribed manner, within one month from the date of the registration or such longer time as the rent officer may allow, that the regulated tenancy has been granted.

15 S Where a registration is made as mentioned in paragraph 14 above, the rent officer shall indicate in the register that it is so made and—

(a) if he is notified as mentioned in that paragraph that the regulated tenancy has been granted he shall indicate that fact in the register;

(b) if he is not so notified he shall delete the registration.