Rent (Scotland) Act 1984

Part I Preliminary

1 Protected tenancies.

2 Tenancies excepted from definition of “protected tenancy”.

3 Statutory tenants and tenancies.

3A Statutory tenants and tenancies: further provision as to succession.

4 No protected or statutory tenancy where landlord’s interest belongs to Crown.

5 No protected or statutory tenancy where landlord’s interest belongs to local authority, etc.

6 No protected tenancy where landlord’s interest belongs to resident landlord.

7 Rateable value and the appropriate day.

8 Regulated tenancies.

9 Short tenancies.

10 Premises with business use.

Part II Security of Tenure

11 Grounds for possession of certain dwelling-houses.

12 Extended discretion of court in claims for possession of certain dwelling-houses.

12ARequirement to notify local authority of proceedings for possession

13 Effect of tenancy being short tenancy.

14 Conditions applying to landlord’s right to recovery of possession.

15 Terms and conditions of statutory tenancies.

16 Payments demanded by statutory tenants as a condition of giving up possession.

17 Change of statutory tenant by agreement.

18 No pecuniary consideration to be required on change of tenant under s. 17.

19 Effect on sub-tenancies of determination of tenancy.

20 Effect on furnished sub-tenancy of determination of superior unfurnished tenancy.

21 Compensation for misrepresentation or concealment in Cases 7 and 8.

Part III Protection against Harassment and Eviction without due process of Law

22 Unlawful eviction and harassment of occupier.

23 Prohibition of eviction without due process of law.

23A Excluded tenancies and occupancy rights.

24 Special provisions with respect to agricultural employees.

25 Interpretation.

26 Application to Crown.

27 Application to sheriff

Part IV Rents under Regulated Tenancies

28 Limit of rent during contractual periods.

29 Limit of rent during statutory periods

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration.

32 Notices of increase.

33 Limits on rent increases

34 Rent agreements.

35 Rent agreements: special provisions following conversion.

36 Failure to comply with provisions of rent agreements.

37 Recovery from landlord of sums paid in excess of recoverable rent, etc.

38 Onus on landlord.

39 Rectification of rent books in light of determina-tion of recoverable rent.

40 Adjustment for differences in lengths of rental periods.

41 Regulations.

42 Interpretation of Part IV.

Part V Registration of Rents under Regulated Tenancies

43 Registration areas and rent officers.

43A Rent registration service providers.

43B Supplementary provisions regarding rent registration service providers.

43C Rent registration service providers: restrictions on disclosure of information.

44 private rented housing committees.

45 Register of rents.

46 Applications for registration of rents.

47 Certificates of fair rent.

48 Determination of fair rent.

49 Amount to be registered as rent.

49A Transitional applications: regulated tenancies

50 Effect of registration of rent.

51 Cancellation of registration of rent.

52 Cancellation at instance of landlord.

53 Regulations.

54 Interpretation of Part V.

Part VI Rent Limit for Dwelling-houses Let by Housing Associations and the Housing Corporation

55 Tenancies to which sections 55 to 59 apply.

56 Rents to be registrable under Part V.

57 The rent limit.

58 Phasing of progression to registered rent.

59 Increase of rent without notice to quit.

60 Supplemental to sections 55 to 59.

61 Interpretation of Part VI.

Part VIIPart VII Contracts

62 Registration areas for purposes of Part VII.

63 Part VII contracts.

64 Dwelling-houses to which Part VII applies.

65 References of contracts to private rented housing committees and obtaining by them of information.

66 Powers of private rented housing committees on reference of contracts.

66A Transitional references of Part VII contracts

67 Register of rents under Part VII contracts.

68 Reconsideration of rent after registration.

69 Effect of registration of rent.

70 Cancellation of entries in register at instance of landlord.

71 Notice to quit served after reference of contract to private rented housing committee.

72 Application to private rented housing committee for security of tenure where notice to quit is served.

73 Notices to quit served by owner-occupiers.

74 Reduction of period of notice on account of lessee’s default.

75 Power of sheriff, in action for possession, to reduce period of notice to quit.

76 Notice to quit relating to later Part VII contracts.

77 Jurisdiction of private rented housing committees.

78 Publication of information.

79 Rent book to be provided.

80 Regulations.

81 Interpretation of Part VII.

Part VIII Premiums, etc.

82 Prohibition of premiums and loans on grant of protected tenancies.

83 Prohibition of premiums and loans on assignation of protected tenancies.

84 Power to charge premium on assignation of tenancy where premium lawfully charged on earlier assignation.

85 Prohibition of premiums on grant, etc. of Part VII contracts.

86 Excessive price for furniture to be treated as premium.

87 Punishment of attempts to obtain from prospective tenants excessive prices for furniture.

88 Recovery of premiums and loans unlawfully required or received.

89 Avoidance of requirements for advance payment of rent in certain cases.

90 Interpretation of Part VIII.

Part IX Heritable Securities

91 Heritable securities to which Part IX applies.

92 Regulated heritable securities.

93 Powers of court to mitigate hardship.

94 Miscellaneous.

Part X Miscellaneous and General

95 Release from rent regulation.

96 Provisions where tenant shares accommodation with landlord.

97 Provisions where tenant shares accommodation with persons other than landlord.

98 Application of Part VII to tenancies falling within section 6.

99 Certain sublettings not to exclude any part of sublessor’s premises from protection under the Act.

100 Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies.

101 Landlord’s consent to work.

102 Jurisdiction.

103 Application to sheriff.

104 Rules as to procedure.

105 Powers of local authorities for the purposes of giving information.

106 Consent of tenant.

107 Prosecution of offences.

108 Service of notices on landlord’s agents.

109 Rents of subsidised private houses.

110 Restriction on sequestration for rent.

111 Implied condition in all protected tenancies.

112 Minimum length of notice to quit.

113 Rent book to be provided.

114 Service of notices.

115 Interpretation.

116 Application to Crown property.

117 Amendments, trasitional provisions, repeals, etc.

118 Short title, commencement and extent.

Rent (Scotland) Act 1984

SCHEDULE 1 Statutory Tenants by Succession

1The provisions of paragraph 2 or, as the case may...

2The original tenant’s spouse or civil partner where the dwelling-house...

3Where paragraph 2 above does not apply, but a person...

4A person who becomes the statutory tenant of a dwelling-house...

5If, immediately before his death, the first successor was still...

6The first successor’s spouse or civil partner , where the...

7Where paragraph 6 above does not apply but a person...

8(1) ) Where after a succession the successor becomes the...

9Paragraphs 5 to 7 above do not apply where the...

Schedule 1A Statutory or Statutory Assured Tenants by Succession in a case to which section 3A(1) applies

1The provisions of paragraph 2 of this Schedule shall have...

2(1) The original tenant’s spouse or civil partner where the...

3Where paragraph 2 above does not apply but a person...

4A person who becomes the statutory tenant of a dwelling-house...

5If, immediately before his death, the first successor was still...

6Where a person who— (a) was a member of the...

7(1) Where after a succession the successor becomes the tenant...

8Paragraphs 5 and 6 above do not apply where the...

Schedule 1B Statutory Assured Tenants by Succession in a case to which section 3A(2) applies

1The provisions of this Schedule shall have effect for the...

2If, immediately before his death, the first successor was still...

3Where a person who— (a) was a member of the...

4(1) Where after a succession the successor becomes the tenant...

5Paragraphs 2 and 3 above do not apply where the...

SCHEDULE 2 Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies

Part I Cases in which Court may Order Possession

Where any rent lawfully due from the tenant has not...

Part II Cases in which Court must Order Possession where Dwelling-House Subject to Regulated Tenancy

Where a person (in this case referred to as “the...

Where a person (in this Case referred to as “the...

Where the dwelling-house is let under a tenancy for a...

Where the dwelling-house is let under a tenancy for a...

Where— (a) the dwelling-house was let on a short tenancy...

Where the dwelling-house is held for the purpose of being...

Where the dwelling-house was at any time occupied by a...

Where proposals for amalgamation, approved for the purposes of a...

Where a dwelling-house has been let on a regulated tenancy...

Where a dwelling-house has been designed or adapted for occupation...

Where the dwelling-house is let by a person (in this...

Part III Provisions Applicable to Case 8 and Part II above

1A court shall not make an order for possession of...

2Any reference in Part II of this Schedule to the...

Part IV Suitable Alternative Accommodation

1For the purposes of section 11(1)(a) above, a certificate of...

2Where no certificate as is mentioned in paragraph 1 above...

3(1) For the purposes of paragraph 2 above, the relevant...

4Accommodation shall not be deemed to be suitable to the...

5Any document purporting to be a certificate of a housing...

6In this Schedule “housing authority” means a local authority for...

SCHEDULE 3 . . .

SCHEDULE 4 private rented housing Committees

1The Secretary of State shall draw up and from time...

2There shall be one panel for the registration areas in...

3The panel shall consist of a number of persons appointed...

4The Secretary of State shall nominate two of the persons...

5Subject to the following provisions of this Schedule, the number...

6Subject to paragraph 7 below, each private rented housing committee...

7The president of the panel may, if he thinks fit,...

8There shall be paid to members of a panel such...

9There shall be paid to or in respect of members...

10There shall be paid to any member of a panel...

11The president of the panel may appoint, with the approval...

12There shall be paid out of moneys provided by Parliament—...

SCHEDULE 5 Applicatons for Registration of Rents

Part I Applications Unsupported by Certificate of Fair Rent

Precedure on applications to rent officer

1On receiving any application for the registration of a rent,...

2Where the application is made by the landlord alone the...

3(1) Where— (a) the application is made jointly by the...

4Where the rent officer, in carrying out his functions under...

5(1) Where representations are made as mentioned in paragraph 2...

6After considering, in accordance with paragraph 5 above, what rent...

7(1) If such an objection as is mentioned in paragraph...

Determination of fair rent by private rented housing committee

8(1) The private rented housing committee to whom a matter...

9Where, within the period specified in paragraph 8(1)(b) above, or...

10(1) The committee shall make such inquiry, if any, as...

Part II Applications Supported by Certificate of Fair Rent

Procedure on applications to rent officer

11(1) On receiving an application for the registration of a...

12If such a request as is mentioned in paragraph 11(3)...

Procedure on references to private rented housing committee

13(1) The private rented housing committee to whom a matter...

Provisional registration

14Where a rent is registered in pursuance of such an...

15Where a registration is made as mentioned in paragraph 14...

Part III Supplemental

16There shall be included, among the matters with respect to...

SCHEDULE 6 Certificates of Fair Rent

1An application for a certificate of fair rent—

2(1) If it appears to the rent officer that the...

3If it appears to the rent officer that the information...

4(1) If it appears to the rent officer that the...

5After considering in accordance with paragraph 4 above what rent...

6(1) If such a request as is referred to in...

7(1) Where an application is referred to a private rented...

8(1) After considering any representation made to them in pursuance...

9Where an application under this Schedule is made with respect...

10Where the rent specified in a certificate of fair rent...

SCHEDULE 7 Premium allowed on assignation of Tenancy where Premium lawfully paid on Grant

1(1) The provisions of this Schedule apply where—

2In a case where this Schedule applies, nothing in section...

3The formula mentioned in paragraph 2 above is P ×...

4(1) If, although the registered rent is higher than the...

5. . . . . . . . . ....

6(1) Any reference in this Schedule to the relevant date...

SCHEDULE 8 Enactments Amended

General provisions

1Any reference in any enactment (other than this Act) to...

2Any reference, however expressed, in any enactment (other than this...

Specific amendments

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

The Housing (Scotland) Act 1966 (c. 49)

The New Towns (Scotland) Act 1968 (c. 16)

The Housing (Scotland) Act 1969 (c. 34)

The Fire Precautions Act 1971 (c. 40)

The Housing (Scotland) Act 1974 (c. 45)

The Tenant’s Rights, Etc. (Scotland) Act 1980 (c. 52)

The Local Government, Planning and Land Act 1980 (c. 65)

SCHEDULE 9 Savings and Transitional Provisions

1In so far as any regulation, order, scheme, agreement, dissent,...

2Any document made, served or issued before the passing of...

3Where a period of time specified in an enactment repealed...

4Nothing in this Act shall prevent an offence against an...

5A conviction of an offence under an enactment repealed by...

6Nothing in this Act shall affect the continued operation after...

7The amendments to this Act made by Schedule 2 to...

SCHEDULE 10 Enactments Repealed

Rent (Scotland) Act 1984

1984 c. 58

An Act to consolidate in relation to Scotland certain enactments relating to rents and tenants’ rights and connected matters.

[31st October 1984]

C1 C2 C3 C4 C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C6

Annotations:

Modifications etc. (not altering text)

C1

A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

C2

Act modified by Fire Precautions Act 1971 (c. 40, SIF 50), s. 34, Sch. 1 Pt. III

C3

Act excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 55(4), 103, 128, 145, 335; and Act excluded (27.5.1997) by 1997 c. 8, ss. 199(2), 278(2)

C4

Act applied by National Health Service and Community Health Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. III para. 20(3)

C5

Act: definition of "statutory tenant" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 22(1), Sch. 4 para. 1 (4)(c) (with s. 37(4), Sch. 7); S.I. 1991/2508, art. 2

C6

Act restricted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 38(10), 195(3) (with s. 193); S.S.I. 2007/270, art. 3