# Housing (Scotland) Act 1988, Section 34: Reference of rents under short assured tenancies to the First-tier Tribunal

Extent: S

(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 the First-tier Tribunal for a determination of the rent which, in the First-tier Tribunal’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 the First-tier Tribunal under subsection (1) above with respect to the rent under a short assured tenancy, the First-tier Tribunal shall not make such a determination as is referred to in that subsection unless it considers —
(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, the First-tier Tribunal make a determination of a rent for a short assured tenancy—
(a) the determination shall have effect from such date as the First-tier Tribunal 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.

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Source: https://www.legislation.gov.uk/ukpga/1988/43/section/34 (the official version)
Page: https://openlegislation.uk/housing-scotland-act-1988/section-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.