(1)An application for the registration of a rent for a dwelling-house may be made to the rent officer by the landlord or the tenant, or jointly by the landlord and the tenant, under a regulated tenancy of the dwelling-house.
(2)Any such application must be in the prescribed form and contain the prescribed particulars in addition to the rent which it is sought to register.
(3)Subject to subsection (4) below [F1and section 49A], where a rent for a dwelling-house has been registered under this Act no application by the tenant alone or by the landlord alone for the registration of a different rent for that dwelling-house shall be entertained before the expiry of three years from the relevant date (as defined in subsection (5) below) except on the ground that, since that date, there has been such a change in the condition of the dwelling-house (including the making of any improvement therein), the terms of the tenancy, the quantity, quality or condition of any furniture provided for use under the tenancy (excluding any deterioration in that furniture due to fair wear and tear) or any other circumstances taken into consideration when the rent was registered or confirmed as to make the registered rent no longer a fair rent.
[F2(3A)An application such as is mentioned in subsection (3) above shall not be entertained on the ground only that, since the relevant date, there has been a change in the amount of council tax payable in respect of the dwelling-house.]
(4)An application such as is mentioned in subsection (3) above which is made by the landlord alone and is so made within the last three months of the period of three years referred to in that subsection may be entertained before the expiry of that period, notwithstanding that the application is not made upon any of the grounds mentioned in that subsection.
(5)In this section and section 47 below, “relevant date”, in relation to a rent which has been registered under this Part of this Act, means the date from which the registration took effect or, in the case of a registered rent which has been confirmed by the rent officer, the date from which the confirmation (or, where there have been two or more confirmations, the last of them) took effect [F1but does not mean the date from which registration took effect under section 49A of this Act.]
(6)For the purposes of subsection (5) above, where a rent is registered as a result of a decision of [F3the First-tier Tribunal] the date from which that registration took effect shall be taken to be the date on which the rent determined by the rent officer was registered or, as the case may be, the confirmation of the registered rent by the rent officer was noted.
(7)No application for the registration of a rent for a dwelling-house shall be entertained at a time when there is in operation, with respect to that dwelling-house, a condition relating to rent imposed under any of the following enactments, that is to say,—
(a)section 3 of the M1Housing (Rural Workers) Act 1926;
(b)section 101 of the M2Housing (Scotland) Act 1950 and
(c)Schedule 4 to the M3Housing (Financial Provisions) (Scotland) Act 1968.
(8)Subject to section 47(4)
below, the provisions of Part I of Schedule 5 to this Act shall have effect with respect to the procedure to be followed on applications for the registration of rents.
Textual Amendments
F1Words in s. 46(3)(5) inserted (1.4.1993) by S.I. 1993/658, art. 2, Sch. 2 para. 2
F2S. 46(3A) inserted (1.4.1993) by S.I. 1993/658, art. 2, Sch. 1 para. 2.
F3Words in s. 46(6) 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(3) (with sch. 1)
Marginal Citations