Modifications etc. (not altering text)
C1Pt. VII (ss. 62-81) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 55(4), 335
C2Pt. VII (ss. 62-81) restricted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 44(1), 52
(1)Where a Part VII contract is referred to a rent assessment committee and the reference is not, before the committee have entered upon consideration of it, withdrawn by the party . . . F1 who made it, the committee shall consider it and then, after making such inquiry as they think fit and giving to each party to the contract and, if the dwelling-house is or forms part of a dwelling-house to which section [F2203 of the Housing (Scotland) Act 1987] applies, to the local authority, an opportunity of being heard or, at his or their option, of submitting representations in writing, the committee, subject to subsection (2) below,—
(a)may approve the rent payable under the contract, or
(b)may reduce or increase the rent to such sum as they may, in all the circumstances, think reasonable, or
(c)may, if they think fit in all the circumstances, dismiss the reference,
and shall notify the parties and the local authority of their decision.
(2)On the reference of a Part VII contract relating to a dwelling-house for which a rent is registered under Part V of this Act, the committee may not reduce the rent payable under the contract below the amount which would be recoverable from the tenant under a regulated tenancy of the dwelling-house.
(3)An approval, reduction or increase under this section may be limited to rent payable in respect of a particular period.
(4)Where the rent under a Part VII contract has been registered under section 67 below, a rent assessment committee shall not be required to entertain a reference, made otherwise than by the lessor and the lessee jointly, for the registration of a different rent for the dwelling-house concerned before the expiry of the period of three years beginning on the date on which the rent was last considered by the committee, except on the ground that, since that date, there has been such a change in the condition of the dwelling-house, the furniture or services provided, the terms of the contract or any other circumstaces taken into consideration when the rent was last considered as to make the registered rent no longer a reasonable rent.
Textual Amendments
F1Words repealed by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 68, 72(3), Sch. 10
F2Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 29(5)