Rent (Scotland) Act 1984

60 Supplemental to sections 55 to 59. S

(1) Section 40 above shall apply for the purposes of sections 55 to 59 above as it applies for the purposes of Part IV of this Act.

(2) Where a rent determined by [F1 the First-tier Tribunal] is registered in substitution for a rent determined by the rent officer, the date of registration shall be deemed for the purposes of sections 55 to 59 above to be the date on which the rent determined by the rent officer was registered:

Provided that a landlord shall not, by virtue of this subsection, be entitled to recover any rent for a rental period beginning before the date when the rent determined by the [F2 First-tier Tribunal] was registered.

(3) The sheriff shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the rent limit under the said sections 55 to 59, or as to any matter which is or may become material for determining any such question; and section 103(1) below shall apply to any application to the sheriff under this subsection as it applies to any application under any of the provisions mentioned in section 103(2) below.

(4) Nothing in sections 55 to 59 above shall prevent or limit an increase in any amounts payable to the landlord for the provision of services which are variable by virtue of section 49(6) above.

Textual Amendments

F1 Words in s. 60(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(8)(a) (with sch. 1)

F2 Words in s. 60(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(8)(b) (with sch. 1)