Rent (Scotland) Act 1984

64 Dwelling-houses to which Part VII applies. S

(1) Subject to the following provisions of this section this Part of this Act applies to any dwelling-house the rateable value of which on the appropriate day did not or, as the case may be, does not exceed £200, or in the case of a dwelling-house comprising or forming part of lands and heritages for which a rateable value is or was first shown on the valuation roll on or after 1st April 1978, £600.

(2) In relation to dwelling-houses comprising or forming part of lands and heritages for which a rateable value is or was first shown on the valuation roll on or after 1st April 1978, the Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament increase the said sum of £600 in subsection (1) above, and he may make different provision for different classes of case.

(3) The Secretary of State may by order under this section provide that, as from such date as may be specified in the order, this Part of this Act shall not apply to a dwelling-house the rateable value of which on such day as may be specified in the order exceeds such amount as may be so specified.

(4) An order under subsection (3) above—

(a) may be made so as to relate to the whole of Scotland or to such area in Scotland as may be specified in the order, and so as to apply generally or only to, or except to, such classes or descriptions of dwelling-houses as may be specified in the order; and

(b) may contain such transitional provisions as appear to the Secretary of State to be desirable.

(5) The power to make an order under subsection (3) above shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

(6) For the purposes of this section, in relation to a dwelling-house which is not separately rated, “rateable value” means such proportion of the rateable value of the premises of which the dwelling-house forms part as may be determined to reflect the relationship between the value of the dwelling-house and the value of the said premises—

(a) by agreement in writing between the lessor and lessee; or

(b) failing such agreement, by the [F1 First-tier Tribunal, on an application] by either party.

Textual Amendments

F1 Words in s. 64(6)(b) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 19; S.S.I. 2017/330, art. 3, sch.