The Rent Regulation (Forms and Information etc.) (Scotland) Amendment Regulations 1993

This Statutory Instrument has been printed in substitution of the S.I. of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1993 No. 647 (S.93)

LANDLORD AND TENANT

RENT CONTROL, ETC (SCOTLAND)

The Rent Regulation (Forms and Information etc.) (Scotland) Amendment Regulations 1993

Made

11th March 1993

Laid before Parliament

11th March 1993

Coming into force

1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 41(1), 42(1), 45(2)(a) as applied by section 56(2), 51(3), 53(1), 53(1) as applied by section 56(2), 54(1), 80(1) and section 115(1) of, and paragraph 8 of Schedule 5 and paragraph 1 of Schedule 6 to, the Rent (Scotland) Act 1984((1)), and of all other powers enabling him in that behalf, hereby makes the following Regulations:–

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Rent Regulation (Forms and Information etc.) (Scotland) Amendment Regulations 1993 and shall come into force on 1st April 1993.

(2) In these Regulations “the principal Regulations” mean the Rent Regulation (Forms and Information etc) (Scotland) Regulations 1991((2)).

Amendment of principal Regulations

2.  The principal Regulations are hereby amended as specified in the Schedule hereto.

James Douglas-Hamilton

Parliamentary Under Secretary of State Scottish Office

St Andrew’s House,

Edinburgh

11th March 1993

Regulation 2

SCHEDULE AMENDMENT OF PRINCIPAL REGULATIONS

1.  In Schedule 1 to the principal Regulations (particulars with regard to tenancy which register of rents required to contain), at the end of paragraph 6 there shall be inserted the following paragraph:–

“6A.   Whether any amount is payable by the tenant in respect of council tax.”.

2.  In Schedule 3 to the principal Regulations (form of notice to be inserted in every rent book etc.)–

(a) at the end of paragraph 3(a) there shall be added the following paragraph:–

“(iii) where the landlord is responsible for payment of the council tax and a payment in respect of the council tax is included in the rent, the amount which is apportioned to it under the tenancy agreement is £ per .*”;

(b) in paragraph 3(b)(i) after the words “furniture and services” there shall be inserted the words “and council tax of £ per .*”; and

(c) (i) after sub paragraph(b)(iii) of paragraph 5 there shall be added the following paragraph:–

“(iv) where an increase is sought in the period commencing on 1st April 1993 and ending on 31st March 1994 in respect of the council tax.”.

3.  In Schedule 4 to the principal Regulations (form etc of rent book)–

(a) at the end of paragraph 3(a) there shall be inserted the following paragraph:–

“(iii) where the landlord is responsible for payment of the council tax and a payment in respect of the council tax is included in the rent, the amount which is apportioned to it under the tenancy agreement is £ per .*”; and

(b) at the end of paragraph 4(c) there shall be added the words “or where an increase is sought during the period commencing on 1st April 1993 and ending on 31st March 1994 in respect of the council tax.”.

4.  In Schedule 5 to the principal Regulations (forms)–

(a) for the heading to the third column in the List of Forms there shall be substituted the words “Relevant provisions of the Act”;

(b) at the end of the List of Forms there shall be added the following entry:–

“7

Application for an increase of rent in respect of the council tax.

Section 49A”;

(c) in the notes to Form No. 1–

(i) after note 2 there shall be inserted the following note:–

“2A.   Where a landlord is responsible for payment of the council tax and the tenant is required to include in his rent a payment in respect of the council tax, such a payment will be included as part of any registered rent.”; and

(ii) after note 3 there shall be inserted the following note:–

“3A.   Where a landlord is responsible for payment of the council tax and he seeks increase in respect of the council tax paragraph 3(c) to (d) above does not apply but an application can not be made after 31st March 1994.”;

(d) In paragraph 4 of Form No. 2 there shall be inserted the following entry:–

“

”;

(e) In paragraph 5 of Form No. 3 there shall be inserted the following entry:–

“

”;

(f) at the end there shall be added the following form:–

FORM NO 7 RENT (SCOTLAND) ACT 1984: SECTION 49A((3))

APPLICATION FOR AN INCREASE OF RENT IN RESPECT OF COUNCIL TAX

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Rent Regulation (Forms and Information etc) (Scotland) Regulations 1991 (the “principal Regulations”) and are consequential on the introduction of the council tax. The Schedule to these Regulations–

(1) amends where appropriate the forms prescribed by the principal Regulations to make reference to the council tax (paragraphs 2, 3 and 4(c), (d) and (e)).

(2) prescribes the form to be used for application for an increase of rent on account of council tax, as provided for by section 49A of the Rent (Scotland) Act 1984. The form is for use by landlords of all persons who hold tenancies under the Rent (Scotland) Act 1984, or their tenants (paragraph 4(b) and (f)); and

(3) makes other consequential amendments and drafting changes to the principal -Regulations (paragraphs 1 and 4(a)).

(1)

1984 c. 58; section 53(1) was amended by the Housing (Scotland) Act 1988 (c. 43), section 48(1); section 56(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 28 and by the Housing (Scotland) Act 1988 (c. 43), Schedule 10; sections 42(1), 54(1) and 115(1) contain a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1991/1521.

(3)

Section 49A was inserted by the Local Government Finance (Housing) (Consequential Amendments) (Scotland) Order 1993 (S.I. 1993/658).