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The Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991

S.I. 1991/1521 · Made 17 June 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LANDLORD AND TENANT

RENT CONTROL, ETC (SCOTLAND)

Made 17th June 1991

Laid before Parliament 15th July 1991

Coming into force 5th August 1991

The Secretary of State, in exercise of the powers conferred on him by sections 41(1), 53(1), 53(1) as applied by section 56(2), 80(1) and 112 of the Rent (Scotland) Act 1984f1, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

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.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Register of rents
  4. 4Notices to quit
  5. 5Form and content of rent books
  6. 6Forms
  7. 7Fee for certified copy
  8. 8Revocations and transitional provision
  9. Signature
  10. Schedule 1: Particulars with regard to the tenancy which the register of rents is required to contain
  11. 1Paragraph 1
  12. 2Paragraph 2
  13. 3Paragraph 3
  14. 4Paragraph 4
  15. 5Paragraph 5
  16. 6Paragraph 6
  17. 7Paragraph 7
  18. Schedule 2: Information to be contained in a Notice to Quit
  19. 1Paragraph 1
  20. 2Paragraph 2
  21. Schedule 3Schedule 3
  22. Schedule 4Schedule 4
  23. Schedule 5List of Forms
  24. Schedule 6REVOCATIONS
  25. Explanatory note

1Citation and commencement

These Regulations may be cited as the Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991 and shall come into force on 5th August 1991.

2Interpretation

In these Regulations–

(a)

“the Act” means the Rent (Scotland) Act 1984; and

(b)

a reference to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number.

3Register of rents

The particulars prescribed in Schedule 1 shall be the particulars with regard to the tenancy which the register of rents is required to contain in pursuance of section 45(2)(a) or of that section as applied by section 56(2) of the Act.

4Notices to quit

Where a notice to quit is given by a landlord on or after the coming into force of these Regulations to determine–

(a)

a protected tenancy; or

(b)

a Part VII contract,

the notice shall contain, in such form as may be, the information set out in Schedule 2.

5Form and content of rent books

(1)

Every rent book or similar document provided by a landlord for use in respect of a dwellinghouse, which is let on or subject to a regulated tenancy, shall contain a notice to the tenant in the form set out in Schedule 3, or in a form substantially to the same effect, of all the matters referred to in the said form.

(2)

Every rent book or similar document, required by section 79(1) of the Act (rent books under Part VII contracts) shall be in the form set out in Schedule 4, or in a form substantially to the same effect, and shall contain the information referred to in the said form.

6Forms

The forms set out in Schedule 5, or forms substantially to the same effect, shall be the forms to be used for the purposes of the Act in the cases to which those forms are applicable.

7Fee for certified copy

For the purposes of section 45(4) of the Act (register of rents) the fee to be paid for a certified copy of an entry in the register of rents shall be £1.50.

8Revocations and transitional provision

The Regulations specified in Schedule 6 are hereby revoked except insofar as the forms, notices and information so prescribed are required to be used in connection with proceedings after the date on which these Regulations come into force and consequent upon action taken before that date.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

17th June 1991

1

The name and address of both the landlord and the tenant.

2

The name and address of the landlord’s agent (if any).

3

Whether Part VI of the Rent (Scotland) Act 1984 (rent limit for dwellinghouses let by housing associations and the Housing Corporation) applies to the tenancy.

4

Whether furniture is provided by the landlord.

5

The services provided by the landlord.

6

The respective liability of the landlord and the tenant for the maintenance and repair of the dwellinghouse.

7

Any other terms of the tenancy taken into consideration in determining a fair rent for the dwellinghouse.

1

Even after the notice to quit has run out, before the tenant can lawfully be evicted, the landlord must get an order for possession from the court.

2

A tenant who does not know if he or she has any right to remain in possession after a notice to quit runs out or is otherwise unsure of his or her rights should obtain advice without delay and before the notice to quit expires. Advice can be obtained from a solicitor, a Citizens' Advice Bureau, a Housing Aid Centre, a Rent Officer or the office of the Rent Assessment Committee. Some solicitors give a free first interview and help with all or part of the cost of legal advice may be available.

Schedule 3

Form of notice to be inserted in every rent book or similar document used in respect of a dwelling let on or subject to a regulated tenancy

Schedule 4

The form of, and the information to be contained in, every rent book or similar document required by section 79(1) of the Rent (Scotland) Act 1984 to be provided for use in respect of a dwelling-house under a contract to which Part VII of the Act applies.

Schedule 5List of Forms

Form NoPurposeStatutory References to the Act
1Notice of increase of rent under a regulated tenancy where a rent has been registered under section 49 of the ActSections 29(2), 32 and 33
2Application for the registration of a rent, unsupported by a certificate of fair rent where the dwellinghouse is or is to be let under a regulated tenancy or where the interest of the landlord belongs to a housing associationSections 46 and 56
3Application for a certificate of fair rent where the dwellinghouse is or is to be let under a regulated tenancy or where the interest of the landlord belongs to a housing associationSections 47 and 56 and Schedule 6
4Application for the registration of a rent, supported by a certificate of fair rent, where the dwellinghouse is or is to be let under a regulated tenancy or where the interest of the landlord belongs to a housing associationSections 47 and 56
5Application by joint applicants or by a landlord alone for the cancellation of a registration of rentSections 51 and 52
6Notice requiring further information to be given to a rent assessment committeeSection 56 and paragraph 8 of Schedule 5

FORM NO. 1

RENT (SCOTLAND) ACT 1984

NOTICE OF INCREASE OF RENT UNDER A REGULATED TENANCY WHERE A RENT HAS BEEN REGISTERED UNDER SECTION 49 OF THE RENT (SCOTLAND) ACT 1984 (NOTE 1)

FORM NO 2

RENT (SCOTLAND) ACT 1984

APPLICATION FOR REGISTRATION OF A RENT

FORM NO 3

RENT (SCOTLAND) ACT 1984

APPLICATION FORM FOR CERTIFICATE OF FAIR RENT

FORM NO 4

RENT (SCOTLAND) ACT 1984

APPLICATION FOR REGISTRATION OF A RENT

FORM NO 5

RENT (SCOTLAND) ACT 1984

APPLICATION FOR THE CANCELLATION OF A REGISTRATION OF RENT

FORM NO. 6

RENT (SCOTLAND) ACT 1984

NOTICE REQUIRING A LANDLORD OR TENANT TO SUPPLY THE RENT ASSESSMENT COMMITTEE WITH INFORMATION

Schedule 6REVOCATIONS

Regulations revokedReferences
The Rent Book (Forms of Notice) (Scotland) Regulations 1976S.I. 1976/1469
The Notices to Quit (Prescribed Information) (Protected Tenancies and Part VII Contracts) (Scotland) Regulations 1980S.I. 1980/1667
The Rent Book (Forms of Notice) (Scotland) Amendment Regulations 1980S.I. 1980/1671
The Rent Regulation (Forms etc.) (Scotland) Regulations 1980S.I. 1980/1672

Explanatory note

(This note is not part of the Regulations)

These Regulations re-enact with amendments various Regulations dealing with forms and information relating to certain kinds of tenancies. The principal change is the introduction of new types of form used in connection with applications for registration of a rent or for a certificate of fair rent under a regulated tenancy or under a tenancy where the landlord is a registered housing association. The Regulations also increase from 35p to £1.50 the fee for a certified copy of an entry in the register of rents.

Regulation 3 and Schedule 1 prescribe the particulars which a rent officer is required to enter in the register when he registers a rent for a dwellinghouse.

Regulation 4 and Schedule 2 prescribe the information to be contained in a notice to quit to determine a tenancy which is a protected tenancy under the Rent (Scotland) Act 1984 including a short tenancy, or a contract to which Part VII of that Act applies. Failure to include such information will in terms of section 112 of the Act render the notice to quit invalid.

Regulation 5 and Schedules 3 and 4 prescribe (a) the form of notice to be inserted in every rent book or similar document provided by the landlord for use in respect of a dwellinghouse let on or subject to a regulated tenancy and (b) the form of, and the information to be contained in, every rent book or similar document which is required by section 79(1) of the Act to be provided by a lessor for use in respect of a dwellinghouse where rent is payable weekly under a Part VII contract.

Regulation 6 and Schedule 5 prescribe the forms, which are to be used for the purposes of the Rent (Scotland) Act 1984 in the cases where these forms are applicable.

Regulation 7 prescribes a fee of £1.50 which is required to be paid to the rent officer to obtain a certified copy of an entry in the register.