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Section 81 Interpretation of Part VII.

Scotland

(1)

In this Part of this Act, unless the context otherwise requires,—

F1“council tax” means the tax payable under the Local Government Finance Act 1992;

  • “dwelling-house” means a house or part of a house;

  • “lessee” means the person to whom is granted, under a Part VII contract, the right to occupy the dwelling in question as a residence and includes any person directly or indirectly deriving title from the grantee;

  • “lessor” means the person who, under a Part VII contract, grants to another the right to occupy the dwelling in question as a residence and includes any person directly or indirectly deriving title from the grantor;

  • “register” means the register kept by F2the First-tier Tribunal in pursuance of section 67 above;

  • “rental period” means a period in respect of which a payment of rent falls to be made;

  • “services” includes attendance, the provision of heating or lighting, the supply of hot water and any other privilege or facility connected with the occupancy of a dwelling-house.

(2)

References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

(3)

Where separate sums are payable by the lessee of any dwelling-house to the lessor for any two or more of the following, namely—

(a)

occupation of the dwelling-house,

(b)

use of furniture, and

(c)

services,

any reference in this Part of this Act to “rent” in relation to that dwelling-house is a reference to the aggregate of those sums and, where those sums are payable under separate contracts, those contracts shall be deemed to be one contract.

Annotations

Textual amendments

F1

Definition in s. 81(1) inserted (1.4.1993) by S.I. 1993/658, art. 2, Sch. 1 para. 7

F2

Words in s. 81(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(25) (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.