Local Government and Housing Act 1989

The Housing (Scotland) Act 1988 E+W+S

99 E+W+S In section 16 of the M1 Housing (Scotland) Act1988—

(a) in paragraph (b) (ii) of subsection (1) (tenant under statutory assured tenancy not bound by certain original provisions for rent increases)—

(i) after the words “specified in” there shall be inserted the words “ or fixed by reference to factors specified in ”; and

(ii) after the words “there specified” there shall be inserted the words “ , or fixed by reference to factors there specified, ”; and

(b) after that subsection there shall be inserted the following subsection—

“(1A) The factors referred to in subsection (1) (b) (ii) above must be—

(a) factors which, once specified, are not wholly within the control of the landlord; and

(b) such as will enable the tenant at all material times to ascertain without undue difficulty any amount or percentage falling to be fixed by reference to them.”

Marginal Citations

M1 1988 c. 43.

100 E+W+S In section 24 of that Act—

(a) in subsection (1) (procedure for securing rent increase in assured tenancies)—

(i) for the word “an” there shall be substituted the words “ a statutory ”; and

(ii) in each of paragraphs (a) and (b), after the word “was” there shall be inserted the words “ at the time of service of the notice ”.

(b) in subsection (5) (saving, from rent increase procedure for assured tenancies, of operation of certain tenancy provisions for such increases)—

(i) for the words from “affects” to “tenancy”, where first occurring, there shall be substituted the following—

“(a) extends to a statutory assured tenancy of which there is a term”.

(ii) after the words “specified in” there shall be inserted the words “ ,or fixed by reference to factors specified in, ”;

(iii) after the words “there specified” there shall be inserted the words “ , or fixed by reference to factors there specified, ”; and

(iv) there shall be inserted at the end the words “or

(b) affects the operation of any term of a contractual tenancy which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period)”; and

(c) after that subsection there shall be inserted the following subsection—

“(6) The factors referred to in subsection (5) above must be—

(a) factors which, once specified, are not wholly within the control of the landlord; and

(b) such as will enable the tenant at all material times to as certain without undue difficulty any amount or percentage falling to be fixed by reference to them.”