RENT RESTRICTIONS (Scotland) Regulations, 1939, Dated NOVEMBER 10, 1939, Made by the Secretary of State UNDER SECTION 14 OF THE RENT AND MORTGAGE INTEREST RESTRICTIONS (AMENDMENT) ACT, 1933 (23 & 24 GEO. 5. C. 32), FOR PRESCRIBING CERTAIN FORMS OF NOTICES.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1939/1615 |
| Year | 1939 |
1939 No. 1615 (S. 116)
LANDLORD AND TENANT, SCOTLAND
(2) Forms of Notices
THE RENT RESTRICTIONS (SCOTLAND) REGULATIONS, 1939, DATED NOVEMBER 10, 1939, MADE BY THE SECRETARY OF STATE UNDER SECTION 14 OF THE RENT AND MORTGAGE INTEREST RESTRICTIONS (AMENDMENT) ACT, 1933 (23 & 24 GEO. 5. C. 32), FOR PRESCRIBING CERTAIN FORMS OF NOTICES.The Secretary of State in exercise of the powers conferred upon him by Section 14, as read with Section 15, of the Rent and Mortgage Interest Restrictions (Amendment) Act, 1933, and of all other powers enabling him in that behalf, hereby makes the following regulations to come into operation forthwith:—
1. These regulations may be cited as the Rent Restrictions (Scotland) Regulations, 1939.
2. The Interpretation Act, 1889, applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
3. The forms contained in the First Schedule to these regulations shall be substituted for the form contained in the First Schedule of the Act of 1920.
4. Every rent book or other similar document used by or on behalf of any landlord in respect of any dwelling house to which the principal Acts apply shall contain a notice, in the appropriate form set out in the Second Schedule to these regulations, or in a form substantially to the like effect, of all the matters referred to in the said form:
Provided that the provisions of this regulation shall come into force in respect of dwelling-houses to which the Rent and Mortgage Interest Restrictions Acts apply by virtue of Section 3 of the Rent and Mortgage Interest Restrictions Act, 1939, on the 1st December, 1939.
5. The Rent Restrictions (Scotland) Regulations, 1938,(a) are hereby revoked but the revocation thereof shall not affect the validity of any notice given or application made thereunder before the date of these regulations. Nor shall the validity of any notice given or application made under the Rent Restrictions (Registration) Regulations (Scotland), 1933,(b) and the Rent Restrictions (Form of Notices) Regulations (Scotland), 1933,(c) prior to the 27th May, 1938 (the date of the Rent Restrictions (Scotland) Regulations, 1938), be affected.
Given under the Seal of the Secretary of State this tenth day of November, 1939.
W. R. Fraser, Secretary.
(L.S.)
Department of Health for Scotland, St. Andrew's House, Edinburgh 1.
FIRST SCHEDULE
PART I
Dwelling houses to which the Rent and Mortgage Interest Restrictions Acts apply otherwise than by virtue of Section 3 of the Rent and Mortgage Interest Restrictions Act, 1939.
FORM A
(To be used when the tenant is in possession)
Rent and Mortgage Interest Restrictions Acts
Notice of Increase of Rent
See Note 1.
Date… ..
To… .. tenant of … ..
Take notice that the rent of the above premises will as from … .. be … .. per … .. [and as from… .. be … .. per … ..]. Details showing how this rent is made up are given below.
(Signed) … ..
(Address) … ..
(a) S.R. & O. 1938 (No. 547) I, p. 1657.
(b) S.R. & O. 1933 (No. 777) p. 1012.
(c) S.R. & O. 1933 (No. 936) p. 1008.
See Note 2.
See Note 3.
See Note 4.
See Note 5.
See Note 6.
£ s. d
*(a) Standard rent of the premises … … … … … per
*(b) … .. per cent of £ s. d. (the net rent of the
premises) … … … … … … … … … … per
*(c) … .. per cent of £ s. d. spent on improvements
and structural alterations, not including
decorations and repairs, to the premises … … per
*(d) Increase of owners' rates from £ s. d. to £ s. d. per
(e) Increase of occupiers' rates payable by the
landlord in respect of the premises from £ s. d
to £ s. d. … … … … … … … … … … per
*(f) … .. per cent. of £ s. d. being the net rent of
the sub-tenancies (if any) in the house … … per
Total rent … … … per
(* These paragraphs need not be included if the increase is solely in respect of occupiers' rates.)
Note 1.
Any increase of rent over the standard rent under heads (b), (c), (d) and (e) can only be charged after notice has been given by the landlord in the statutory form of notice or a form substantially to the same effect. At least four weeks' notice must be given in the case of an increase under heads (b) and (c), but only one week's notice is necessary in the case of an increase under heads (d) and (e). Where a valid notice of increase has been served on any tenant (whether in the form prescribed by the Act of 1920, or, if served on or after the 21st day of September, 1933, in the form for the time being prescribed), the increase may be continued without further notice to any subsequent tenant.
Note 2.
The maximum permitted increase under head (b) is 40 per cent. of the net rent. If the tenant considers that the premises are not in a reasonable state of repair he can apply to the sanitary authority for a certificate to that effect. (A fee of one shilling is chargeable on an application for a certificate but if the certificate is granted the shilling can be deducted from the rent.) Where a certificate is granted, and the tenant serves a copy of it on the landlord, the tenant may withhold that part of the increase in the rent set out under (b) above until the landlord has executed the necessary repairs to the satisfaction of the sanitary authority.
If, however, the landlord can prove to the satisfaction of the Sheriff Court that the condition of the house is due to the tenant's neglect or default or breach of agreement, he may be able to recover all or part of the money withheld.
Instead of withholding the amount under (b) the tenant may apply direct to the Sheriff Court for an Order suspending this amount. In that case, he must satisfy the Court, by producing a certificate from the sanitary authority, or in some other manner, that the house is not in a reasonable state of repair.
The sanitary authority is the...
To continue reading
Request your trial