Paragraph 10

Scotland

(1)

The F1First-tier Tribunal shall make such inquiry, if any, as F2it thinks fit and consider any information supplied or representation made to F3it in pursuance of paragraph 8 or 9 above and—

(a)

if it appears to it that the rent registered or confirmed by the rent officer is a fair rent, it shall confirm that rent;

(b)

if it does not appear to it that that rent is a fair rent, F4it shall determine a fair rent for the dwelling-house.

(2)

Where the F5First-tier Tribunal confirm or determine a rent under this paragraph F6it shall notify the landlord, the tenant and the rent officer of its decision and, in the case of the determination of a rent, of the date on which its decision was made.

(3)

On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the F7First-tier Tribunal as the rent for the dwelling-house.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 10(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(i) (with sch. 1)
F2: Words in Sch. 5 para. 10(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(ii) (with sch. 1)
F3: Word in Sch. 5 para. 10(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(iii) (with sch. 1)
F4: Word in Sch. 5 para. 10(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(iv) (with sch. 1)
F5: Words in Sch. 5 para. 10(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(i) (with sch. 1)
F6: Word in Sch. 5 para. 10(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(iii) (with sch. 1)
F7: Words in Sch. 5 para. 10(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(f)(i) (with sch. 1)

Notes on Determination of fair rent by the First-tier Tribunal

Textual amendments

F1: Sch. 5 para. 8 cross-heading substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(28)(d) (with sch. 1)