Section 66 Powers of the First-tier Tribunal on reference of contracts.F14
Scotland
Where a Part VII contract is referred to F1the First-tier Tribunal and the reference is not, before the F2First-tier Tribunal has entered upon consideration of it, withdrawn by the party . . . F3 who made it, the F4First-tier Tribunal shall consider it and then, after making such inquiry as F5it thinks fit and giving to each party to the contract and, if the dwelling-house is or forms part of a dwelling-house to which section F6203 of the Housing (Scotland) Act 1987 applies, to the local authority, an opportunity of being heard or, at his or F7its option, of submitting representations in writing, the First-tier Tribunal, subject to subsection (2) below,—
may approve the rent payable under the contract, or
may reduce or increase the rent to such sum as F8it may, in all the circumstances, think reasonable, or
may, if it thinks fit in all the circumstances, dismiss the reference,
and shall notify the parties and the local authority of its decision.
On the reference of a Part VII contract relating to a dwelling-house for which a rent is registered under Part V of this Act, the F9First-tier Tribunal may not reduce the rent payable under the contract below the amount which would be recoverable from the tenant under a regulated tenancy of the dwelling-house.
An approval, reduction or increase under this section may be limited to rent payable in respect of a particular period.
Where the rent under a Part VII contract has been registered under section 67 below, F10the First-tier Tribunal shall not be required to entertain a reference, made otherwise than by the lessor and the lessee jointly, for the registration of a different rent for the dwelling-house concerned before the expiry of the period of three years beginning on the date on which the rent was last considered by the F11First-tier Tribunal, except on the ground that, since that date, there has been such a change in the condition of the dwelling-house, the furniture or services provided, the terms of the contract or any other circumstaces taken into consideration when the rent was last considered as to make the registered rent no longer a reasonable rent.
Annotations
Textual amendments
- F1
Words in s. 66(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(11)(a)(i) (with sch. 1)
- F2
Words in s. 66(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(11)(a)(ii) (with sch. 1)
- F3
Words repealed by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 68, 72(3), Sch. 10
- F4
Words in s. 66(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(11)(a)(iii) (with sch. 1)
- F5
Words in s. 66(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(11)(a)(iv) (with sch. 1)
- F6
Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 29(5)
- F7
Word in s. 66(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(11)(a)(v) (with sch. 1)
- F8
Words in s. 66(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(11)(a)(vi) (with sch. 1)
- F9
Words in s. 66(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(11)(b) (with sch. 1)
- F10
Words in s. 66(4) 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(11)(c)(i) (with sch. 1)
- F11
Words in s. 66(4) 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(11)(c)(ii) (with sch. 1)
- F12
S. 66(5) inserted (1.4.1993) by S.I. 1993/658, art. 2, Sch. 1 para. 5
- F13
Words in s. 66(5) 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(11)(d) (with sch. 1)
- F14
S. 66 title 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(12) (with sch. 1)
Notes on Part VII
Modifications
- C1
Pt. VII (ss. 62-81) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 55(4), 335
- C2
Pt. VII (ss. 62-81) restricted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 44(1), 52
- C3
Pt. VII (ss. 62-81) excluded (30.9.2002) by 2001 asp 10, s. 32(7); S.S.I. 2002/321, art. 2, Sch.