Office of Public Sector Information

Section 34.

[F1SCHEDULE I] Modification of Rent Act 1968 and Corresponding Scottish Acts

Part I . . F1

Part II . . F1

Part III Modifications of [F1M1Rent (Scotland) Act 1984]

Steps mentioned in certain notices under this Act to count as improvements for certain purposes of M1Rent (Scotland) Act 1971

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

2In relation to a dwelling-house consisting of or comprised in premises—

(a)with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling; or

(b)which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling,

section [F147] of, and [F1Schedule 6] to, the [F1Act of 1984] (which relate to certificates of fair rent) shall have effect as if in subsection (1)(a) of that section the reference to making improvements in the dwelling-house included a reference to taking in relation to the relevant building any steps mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act; and any step mentioned in such a notice shall, for the purposes of the said section [F147] and [F1Schedule 6], in their application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement.

Modification of [F1Rent (Scotland) Act 1984] in cases where rent is increased by virtue of section 28(3)(b) of this Act

3(1)Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while a rent for the dwelling-house is registered under Part [F1V] of the [F1Act of 1984], being a rent that was so registered before the completion of the alterations or other things falling within section 28(3) of this Act of which the expense was taken into account by the sheriff in making the order, then—

(a)the contractual rent limit for any contractual period beginning while the registration of that rent continues to have effect shall be what it would be for that period under section [F128(2)] of that Act if the rent so registered had been simultaneously increased by the same amount . . . F2

(b)if the regulated tenancy of the dwelling-house becomes a statutory tenancy, section [F129(2)] of that Act (limit of rent during statutory periods of regulated tenancy, and provision for increase up to that limit) shall have effect, in relation to any statutory period of that tenancy beginning while the registration of that rent continues to have effect, as if the rent so registered had been simultaneously increased by the same amount; . . . F3

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(4)Part III of the Rent Act 1968 (rents under regulated tenancies) shall be amended by the insertion of the words “and paragraph 3 of Part I of the Schedule to the Fire Precautions Act 1971”

(a)in section 20 (limit of rent during contractual periods) after the words “section 47(3) of this Act” in subsection (2), and after the word “below” in subsection (3); and

(b)in section 22 (limit of rent during statutory periods), after the words “section 47(3) of this Act” in subsection (2).

(5)Expressions used in this paragraph and in Part III of the Act of 1971 have the same meaning in this paragraph as in that Part.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Meaning of “the [F1Act of 1984]”

5In this Part of this Schedule, “the [F1Act of 1984]” means the [F2M1Rent (Scotland) Act 1984].

[F1Part IV Modifications of [F2Sections 55 to 59] of [F2the Rent (Scotland) Act 1984]

Modifications of the said [F1sections 55 to 59] in cases where rent is increased by virtue of section 28(3)(b) of this Act

1Where, in the case of any premises consisting of a dwelling-house let on a tenancy to which [F1sections 55 to 59] of the [F1Act of 1984] apply, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while a rent for the dwelling-house is registered in pursuance of section [F156] of the [F1Act of 1984], being a rent that was so registered before the completion of the alterations or other things falling within section 28(3) of this Act of which the expense was taken into account by the sheriff in making the order, then the amount of the increase shall be added to the rent limit imposed by section [F157(2)] of the [F1Act of 1984] and, subject to paragraph 3 below, references to the registered rent in [F1section 58] of that Act shall be construed accordingly.

2Where, in the case of any premises consisting of a dwelling-house let on a tenancy to which the said [F1sections 55 to 59] apply, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while no rent for the dwelling-house is registered in pursuance of section [F156] of the [F1Act of 1984], then the amount of the increase shall be added to the rent limit imposed by section [F157(3)] of that Act.

3Where, in the case of any premises consisting of a dwelling-house let on a tenancy to which the said [F1sections 55 to 59] apply, the rent is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect when the rent limit is determined under paragraph (a) or (b) of section [F158(2)], . . . F2, of the [F1Act of 1984], then the amount of the increase shall be added to the rent limit so determined or, as the case may be, the amount so specified.

4Expressions used in this Part of this Schedule and in Part VI of the [F1Act of 1984] have the same meaning in this Part as in that Part and “the [F1Act of 1984]” means [F1the Rent (Scotland) Act 1984].

[F15There shall be inserted the words “and Part IV of the Schedule to the Fire Precautions Act 1971” in section 57 of the Act of 1984—

(a)in subsection (2), after the words “58 below>”; and

(b)in subsection (3), after the words “(5) below”.

6There shall be inserted the words “and paragraph 3 of Part IV of the Schedule to the Fire Precautions Act 1971” in section 58(2) of the Act of 1984 after the words “57(5) above”.]]