OpenLegislation

Section 67 Register of rents under Part VII contracts.

Scotland

(1)

The F1First-tier Tribunal shall keep a register and shall make the register available for inspection in such place or places and in such manner as the Secretary of State may direct.

(2)

The F2First-tier Tribunal shall cause to be entered in the register, with regard to any contract under which a rent is payable which has been approved, reduced or increased under section 66 above—

(a)

the prescribed particulars with regard to the contract;

(b)

a specification of the dwelling-house to which the contract relates; and

(c)

the rent as approved, reduced or increased by the First-tier Tribunal, and, in a case in which the approval, reduction or increase is limited to rent payable in respect of a particular period, a specification of that period.

F3(2A)

For the purposes of subsection (2) above the rent shall include any sums payable by the lessee to the lessor in respect of council tax, whether those sums are payable by virtue of a contract under which a rent is payable or otherwise.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(4)

A document purporting to be a certificate signed F5on behalf of the F6First-tier Tribunal relating to any entry in the register under subsection (2) above shall, until the contrary is shown, be deemed to have been signed F7on behalf of the First-tier Tribunal, and shall be sufficient evidence of the matters contained in the entry in the register.

(5)

Any entry in a register (hereinafter referred to as “the old register”)

(a)

which was kept under section 89 of the M1Rent (Scotland) Act 1971 before 16th May 1975, or

(b)

which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area,

which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register kept under this section for that new registration area.

(6)

The old register shall be kept by F8the First-tier Tribunal and made available for inspection in such place or places and in such manner as the Secretary of State may direct; and subsection (4) above shall apply to any entry in the old register which is deemed to be an entry in the register kept for a new registration area.

(7)

In this section “new registrataion area” means a registration area established under Part VII of the Rent (Scotland) Act 1971 or this Part of this Act on or after 16th May 1975.

Annotations

Textual amendments

F1

Words in s. 67(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(14)(a) (with sch. 1)

F2

Words in s. 67(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(14)(b) (with sch. 1)

F3

S. 67(2A) inserted (1.4.1993) by S.I. 1993/658, art. 2, Sch. 1 para. 6.

F4

S. 67(3) repealed by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(3), Sch. 10

F5

Words in s. 67(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(14)(c)(i) (with sch. 1)

F6

Words in s. 67(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(14)(c)(ii) (with sch. 1)

F7

Words in s. 67(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(14)(c)(iii) (with sch. 1)

F8

Words in s. 67(6) 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(14)(d) (with sch. 1)

Marginal citations

M1

1971 c. 28.

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.