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99In section 16 of the [1988 c. 43.] Housing (Scotland) Act 1988—
(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.”
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