Rent of Furnished Houses Control (Scotland) Act 1943
| Year | 1943 |
Rent of Furnished Houses Control (Scotland) Act, 1943
(6 & 7 Geo. 6.) CHAPTER 44.
An Act to make provision with regard to the rent of houses or parts thereof in Scotland let at a rent which includes payment for the use of furniture or for services.
[11th November 1943]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Application of Act by Order of the Secretary of State, and appointment of Tribunal.
(1) Where the Secretary of State is satisfied on representation by, or after consultation with, the council of any county or burgh that it is expedient that the provisions of this Act should have effect in any area consisting of the whole or part of that county or burgh, he may, by Order, direct that this Act shall have effect in that area as from such day as may be specified in the Order, and this Act shall thereupon come into force in that area.
(2) For each area in which this Act is in force there shall be a Tribunal constituted in accordance with the Schedule to this Act, and the provisions of that Schedule shall apply to each Tribunal:
Provided that, if the Secretary of State so directs, the same Tribunal may act for more than one such area.
(3) The sums required for the payment of remuneration and salaries and allowances to the members, acting members, clerks and officers and servants of a Tribunal shall be paid out of moneys provided by Parliament.
2 Reference to Tribunal of contracts for furnished letting.
(1) Where a contract has, whether before or after the passing of this Act, been entered into whereby one person (hereinafter referred to as the ‘lessor’) grants to another person (hereinafter referred to as the ‘lessee’) the right to occupy as a residence a house or part of a house situated in an area in which this Act is in force in consideration of a rent which includes payment for the use of furniture or for services, whether or not, in the case of such a contract with regard to part of a house, the lessee is entitled, in addition to exclusive occupation thereof, to the use in common with any other person of other rooms or accommodation in the house, it shall be lawful for either party to the contract or for the local authority for the area to refer the contract to the Tribunal for the area, and where any such contract (hereinafter referred to as a contract to which this Act applies) is so referred to the Tribunal, it shall be the duty of the lessor to give to them such information as they may reasonably require regarding the prescribed particulars relating to the contract.
(2) Where any contract to which this Act applies is referred to a Tribunal, the Tribunal shall consider the case and, after making such enquiry as they think fit, and giving to each party (and to the local authority if the house is or forms part of a house or dwelling to which section thirty-nine of the Housing (Scotland) Act, 1935 applies) an opportunity of being heard or, in his option of submitting representations in writing, shall approve the rent payable under the contract or reduce it to such sum as they may, in all the circumstances, think reasonable, and shall notify the parties and the local authority of their decision in each case.
(3) Where the rent payable for any premises has been entered in the register in accordance with the provisions hereinafter contained, it shall be lawful for the lessor or the lessee or the local authority to refer the case to the Tribunal for reconsideration of the rent so entered on the ground of change of circumstances, and the provisions of subsection (2) of this section shall apply on any such reference in like manner as they apply on a reference under subsection (1) of this section subject to the modification that the Tribunal shall have power to increase the rent payable.
(4) The Tribunal shall keep a register and shall cause to be entered therein the prescribed particulars with regard to any contract referred to them in...
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