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Section 90 Interpretation of Part VIII.C3C1C2

Scotland

(1)

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

  • “furniture” includes fittings and other articles;

  • F1“premium” means any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge;

  • “registered rent” means the rent registered under Part V of this Act; and

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

(2)

For the avoidance of doubt it is hereby declared that nothing in this Part of this Act shall render any amount recoverable more than once.

(3)

For the avoidance of doubt, it is hereby declared that a deposit returnable at the termination of a tenancy or of a Part VII contract given as security for the tenant’s obligations F2for rent, for accounts for supplies of gas, electricity, telephone or other domestic supplies and for damage to the dwelling-house or contents is not a premium for the purposes of this Part of this Act provided that it does not exceed the amount of two months’ rent payable under the tenancy or under the Part VII contract, as the case may be.

Annotations

Textual amendments

F1

Words in s. 90(1) substituted (30.11.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 32(3), 41(3); S.S.I. 2012/267, art. 2

F2

Words in s. 90(3) inserted (21.12.2010) by Housing (Scotland) Act 2006 (asp 1), ss. 123, 195(3) (with s. 193); S.S.I. 2010/436, art. 2

Modifications

C1

Ss. 86-90 applied (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), ss. 20(1), 79(2); S.S.I. 2017/346, reg. 2, sch.

C2

Ss. 89, 90 applied (1.4.2026) by 2016 asp 19, s. 43J(1) (as inserted by Housing (Scotland) Act 2025 (asp 13), ss. 23(4), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1)

C3

Ss. 82, 83, 86–90 applied (with modifications) by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 27, 52