- Latest available (Revised)
- Point in Time (01/05/2013)
- Original (As enacted)
Version Superseded: 01/12/2016
Point in time view as at 01/05/2013. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Housing (Scotland) Act 1988, Section 34 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to subsection (2) and section 35 below, the tenant under a short assured tenancy may make an application in the prescribed form to a [F2private rented housing] committee for a determination of the rent which, in the committee’s opinion, the landlord might reasonably be expected to obtain under the short assured tenancy.
(2)No application may be made under this section if the rent payable under the tenancy is a rent previously determined under this section or section 25 above.
(3)Where an application is made to a [F3private rented housing] committee under subsection (1) above with respect to the rent under a short assured tenancy, the committee shall not make such a determination as is referred to in that subsection unless they consider—
(a)that there is a sufficient number of similar houses in the locality let on assured tenancies (whether short assured tenancies or not); and
(b)that the rent payable under the short assured tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.
(4)Where, on an application under this section, a [F3private rented housing] committee make a determination of a rent for a short assured tenancy—
(a)the determination shall have effect from such date as the committee may direct, not being earlier than the date of the application;
(b)if at or after the time when the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and
(c)no further new rent for a tenancy of the house shall take effect under section 24(3) or 25 above until after the first anniversary of the date on which the determination takes effect.
(5)Subsections (3), (4) and (7) of section 25 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section.
Textual Amendments
F1Words in s. 34 heading substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 6 para. 16(b) (with s. 193); S.S.I. 2007/270, art. 3
F2Words in s. 34(1)(3) substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 6 para. 16(a) (with s. 193); S.S.I. 2007/270, art. 3
F3Words in s. 34(3)(4) substituted (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 6 para. 16(a) (with s. 193); S.S.I. 2007/270, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: