Rent (Scotland) Act 1984

2 Tenancies excepted from definition of “protected tenancy”. S

(1) A tenancy is not a protected tenancy if—

(a) under the tenancy either no rent is payable or the rent payable is less than two-thirds of the rateable value which is or was the rateable value of the dwelling-house on the appropriate day; or

(b) under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board or attendance; or

(c) the tenancy is granted to a person who is pursuing or intends to pursue a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons; or

(d) the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday; or

(e) subject to section 1(3) above, the dwelling-house which is subject to the tenancy is let together with land other than the site of the dwelling-house.

(2) Paragraph (a) of subsection (1) above shall not apply to a converted tenancy after the conversion.

(3) In the following provisions of this Act, a tenancy falling within paragraph (a) of subsection (1) above is referred to as a “tenancy at a low rent”.

(4) For the purposes of paragraph (b) of subsection (1) above, a dwelling-house shall not be taken to be bona fide let at a rent which includes payments in respect of attendance unless the amount of rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

(5) In paragraph (c) of subsection (1) above “specified” means specified, or of a class specified, for the purposes of that paragraph by regulations made by the Secretary of State by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.