Rent (Scotland) Act 1984

49 Amount to be registered as rent. S

(1) The amount to be registered as the rent of any dwelling-house shall include any sums payable by the tenant to the landlord for the use of furniture or for services [F1 or in respect of council tax], whether or not those sums are separate from the sums payable for the occupation of the dwelling-house or are payable under separate agreements.

(2) Subject to subsection (3) below, there shall be noted separately on the register the amount, if any, of the registered rent which, in the opinion of the rent officer or [F2 the First-tier Tribunal], is fairly attributable to each of the following—

(a) the use of furniture;

(b) the provision of services;

(c) the use of part of the premises comprised in a dwelling-house as a shop or office or for business, trade or professional purposes.

[F3 (d) the council tax.]

(3) There shall not be noted on the register under subsection (2) above any amount which in the opinion of the rent officer or rent assessment committee is less than 5 per cent. of the registered rent.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(6) Where, under a regulated tenancy, the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of any services provided by the landlord or a superior landlord or of any works of maintenance or repair carried out by the landlord or a superior landlord, the amount to be registered under this Part of this Act as rent may, if the rent officer is satisfied or, as the case may be, the rent assessment committee are satisfied, that the terms as to the variation are reasonable, be entered as an amount variable in accordance with those terms.

Textual Amendments

F1 Words in s. 49(1) inserted (1.4.1993) by S.I. 1993/658, art. 2 Sch. 1 para. 3(a).

F2 Words in s. 49(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(5)(a) (with sch. 1)

F3 S. 49(2)(d) inserted (1.4.1993) by S.I. 1993/658, art. 2 Sch. 1 para. 3(b).

F4 Ss. 42(2), 49(4)(5) repealed by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(3), Sch. 10