Part IV Provisions Relating to Private Sector Tenancies

Interpretation

33 Interpretation of Part IV.

1

In this Part of this Act—

  • “the 1971 Act” means the M1Rent (Scotland) Act 1971;

  • “the 1972 Act” means the M2Housing (Financial Provisions) (Scotland) Act 1972;

  • “the 1975 Act” means the M3Housing Rents and Subsidiaries (Scotland) Act 1975; and

  • “short tenancy” has the meaning assigned to it in section 34 of this Act.

2

This Part of this Act shall be construed along with the Rent (Scotland) Acts 1971 to 1975.

34F1 Short tenancies

Limits on rent increase

37 Limits on rent increases.

1

Subject to subsection (5) below, sections 7 to 9 of the 1975 Act and Schedule 2 to that Act are repealed.

2

F25

Where a rent registered for a dwelling-house under a regulated tenancy under Part IV of the 1971 Act was registered before the commencement of this section, but the full registered rent has not yet become payable by reason of the operation of section 7 of the 1975 Act, the said section 7 and Schedule 2 shall continue to have effect so as to allow increase of rent to take place under the said section 7.

6F2

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F3

39 Amendment of Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. C1

1

The M4 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 shall be amended in accordance with this section.

2

In section 15 (protection of tenure of certain premises), after subsection (1) insert the following subsection—

1A

This section does not apply in relation to any tenancy entered into after the commencement of section 55 of the Tenants’ Rights, Etc. (Scotland) Act 1980.

3

In section 16 (protection of tenure of premises not falling under section 15)—

i

in subsection (2)(c) the words from “and” to the end are repealed;

ii

for subsections (3) to (8) substitute the following subsections—

3

The rent for any rental period (that is to say, a period in respect of which an instalment of rent falls to be paid) shall be the amount payable for the last rental period before the end of the tenancy, but subject to adjustment from time to time in accordance with section 22 or 23 of the Rent (Scotland) Act 1971 (adjustment, with respect to rates, services and furniture, of recoverable rent for statutory periods before registration).

4

Subsection (3) above has effect subject to any agreement between the parties for the payment of a lower rent; and where a lower rent is agreed it shall not be increased in accordance with the said section 22 or 23 but may, notwithstanding anything in any other enactment, be increased by agreement in writing between the parties up to an amount not exceeding the amount of rent provided for in subsection (3) above.

4

In section 17(2)(b) (provisions supplementary to section 16 where the accommodation is shared other than with the landlord) for “(5) to (8)” substitute “ (3) and (4) ”.

5

In section 18(2) (protection of tenure in connection with employment, under a licence or a rent-free letting) for “(5) to (8)” substitute “ (3) and (4) ”.

6

Section 19(5) (limitation on application of Rent Acts— heritable securities) is repealed.

Annotations:
Modifications etc. (not altering text)
C1

The text of ss. 39, 41(4), 49(1), 65, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F4

Miscellaneous amendments of enactments relating to private sector tenancies

41

1

F5C24

Section 18 of the M5 Housing Act 1974 shall be amended as follows—

a

in subsection (2) the words “in such form as may be prescribed” are repealed; and

b

subsection (5) is repealed.

Annotations:
Amendments (Textual)
F5

Ss. 34–36, 37(2)–(4)(6)(7), 38, 40, 41(1)–(3), 42–45, 46(3)(4), 47, 48, 49(3), 54–63, 64(2) repealed by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(3), Sch. 10

Modifications etc. (not altering text)
C2

The text of ss. 39, 41(4), 49(1), 65, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F6

46 Conversion of all remaining controlled tenancies.

1

Every controlled tenancy for the purposes of the 1971 act in existence at the date of commencement of this section shall then cease to be a controlled tenancy and shall become a regulated tenancy for the purposes of the F7M6Rent (Scotland) Act 1984

2

Where a part of premises which include a dwelling-house is used as a shop or office or for business, trade or professional purposes, and the premises were let immediately before the commencement of this section under a controlled tenancy, F7neither section 9 of the 1971 Act nor section 10 of the Rent (Scotland) Act 1984 shall prevent that tenancy becoming a regulated tenancy under subsection (1) above nor shall it prevent a new tenancy granted to the tenant or to any person who is entitled to succeed him as a statutory tenant from becoming a regulated tenancy.

3F8

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F9

49 Repeal of provisions relating to increase of recoverable rent on account of improvements.

C31

Subject to subsection (2) below, sections 24, 29 and 30 of the 1971 Act, all of which relate to increase of recoverable rent on account of improvements, shall cease to have effect.

C42

Where a notice of increase has been served by the landlord under subsection (2) of the said section 24 before the commencement of this section, the said sections 24, 29 and 30 shall continue to apply in relation to the rent increase to which the notice relates as they applied before the said commencement.

3F10

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F11

64 Pensions etc. for Rent Assessment Panel.

1

The Secretary of State may pay or make provision for paying—

C5a

to or in respect of any member of the panel set up by section 38 of the 1971 Act, such sums by way of pensions, superannuation allowances and gratuities; and

b

to any member of the said panel who ceases to be a member other than on the expiry of his term of office, where it appears to the Secretary of State that there are special circumstances which make it unjust for the member not to receive compensation, such sum by way of compensation,

as the Secretary of State may, with the approval of F12the Treasury, determine.

2F13

65 Increases in penalties for offences relating to houses in multiple occupation. C6

1

The Housing (Scotland) Act 1966 shall be amended as follows—

a

In section 100(3) for “ten pounds” substitute “ fifty pounds ”;

b

in section 102(3) for “ten pounds” substitute “ fifty pounds ”;

c

in section 103(4) for paragraphs (a) and (b) substitute “ to a fine not exceeding £200 ”;

d

in section 110(1)(b) leave out the words from the second “or” to the end of the paragraph;

e

in section 111(5) for paragraphs (a) and (b) substitute “ to a fine not exceeding five hundred pounds ”;

f

in section 112(5) for “twenty pounds” substitute “ fifty pounds ”;

g

in section 185(2) after “offence”, insert “ and shall be liable on summary conviction to a fine not exceeding £200 ”

2

Schedule 7C to the M7 Criminal Procedure (Scotland) Act 1975 shall be amended by deleting from the first column of the entry relating to the Housing (Scotland) Act 1966 the words from “where” to the end of the column.