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Rent (Scotland) Act 1971

Consolidated Text Cited authorities 21 Cited in Amendments 412 Related
Vincent
JurisdictionUK Non-devolved
Citation1971 c. 28
(1) This Act may be cited as the Rent (Scotland) Act 1971.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  • Enactment Amendment
    The Removal Terms (Scotland) Act 1886 (49 & 50 Vict. c. 50) . In section 5, there shall be added at the end the following—
      Provided that in no case shall notice of removal be given less than 28 days before the date on which it is to take effect.
    The Sheriff Courts (Scotland) Act 1907 (7 Edw. 7. c. 51) . In section 38, there shall be added at the end the following—
      “Provided that in no case shall notice of removal be given less than 28 days before the date on which it is to take effect.
    The House Letting and Rating (Scotland) Act 1911 (1 & 2 Geo. 5. c. 53) . In section 4, for the words “the next payment” in the first place where they occur there shall be substituted the words “a payment”, and for those words in the second place where they occur there shall be substituted the words “that payment”, and in paragraph (b) of the proviso for the words from “except” to the end of the section there shall be substituted the words “so, however, that in no case shall the notice be given less than 28 days before the date on which it is to take effect.”
    In section 5, for the words “forty-eight hours” there shall be substituted the words “28 days”.
    The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (14 & 15 Geo. 6. c.65) . In section 14(2) , for paragraph (a) there shall be substituted the following paragraph:—
    • (a) is a dwelling-house which consists ofor comprises premises licensed for the sale of exciseable liquor on the premises; or
    In section 15, in subsection (1) , for the words in paragraph (a) from “subsection” to “1946” there shall be substituted the words “section 85(1) of the Rent (Scotland) Act 1971”; for the words from “(c) the conditions” to the end of the subsection there shall be substituted the following:—
    • (c) the condition specified in subsection (1) (b) of section 93 of the Rent (Scotland) Act 1971 is not fulfilled,
      • the said section 93 shall apply in relation to the notice to quit as if that condition had been fulfilled as to the contract under which that tenancy subsists.;
    		for subsection (3) of that section there shall he substituted the following subsection:—
    • “(3) The subsistence of a Crown interest in premises shall not affect the operation of this section if the interest of the immediate landlord of the tenant under the tenancy in question is not a Crown interest; but nothing in this subsection shall be construed as excluding the operation of this Part of this Act in cases where there subsists a Crown interest not being the interest of the immediate landlord of the tenant under the tenancy in question.;
    		in subsection (4) of that section, for the words “section eleven”, in each place where they occur, there shall be substituted the words “section 93”. In section 16, in subsection (1) , for the words “the Rent Restrictions Acts”there shall be substituted the words “the Rent (Scotland) Act 1971”; for subsection (2) of that section there shall be substituted the following subsection:—
    • (2) The circumstances referred to in the preceding subsection are any one or more of the following, that is to say,—
    • (a) that the rateable value on the appropriate day (as defined for the purposes of the Rent (Scotland) Act 1971) of the premises which are the rented family residence, or of a property of which at the ending of the tenancy qualifying for protection those premises form part, exceeded the limit specified in subsection (1) (a) of section 1 of that Act;
    • (b) that the interest of the immediate landlord of the tenant under the tenancy qualifying for protection belongs to any of the bodies or entities specified in subsection (2) of section 5 of the Rent (Scotland) Act 1971 other than the Housing Corporation;
    • (c) that the interest of the immediate landlord of the tenant under the tenancy qualifying for protection belongs to such a housing association as is referred to in subsection (4) of section 5 of the Rent (Scotland) Act 1971 and that one of the conditions specified in subsection (5) of that section is fulfilled;
    • (d) that immediately before the ending of the tenancy qualifying’ for protection those premises, were let together with agricultural land exceeding two acres in extent but were not a dwelling-house comprised in an agricultural holding and occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming the holding;
    • (e) that immediately before the ending of the tenancy qualifying for protection the circumstances mentioned in...
    • is a dwelling-house which consists ofor comprises premises licensed for the sale of exciseable liquor on the premises; orthe condition specified in subsection (1) (b) of section 93 of the Rent (Scotland) Act 1971 is not fulfilled,The subsistence of a Crown interest in premises shall not affect the operation of this section if the interest of the immediate landlord of the tenant under the tenancy in question is not a Crown interest; but nothing in this subsection shall be construed as excluding the operation of this Part of this Act in cases where there subsists a Crown interest not being the interest of the immediate landlord of the tenant under the tenancy in question.;that the rateable value on the appropriate day (as defined for the purposes of the Rent (Scotland) Act 1971) of the premises which are the rented family residence, or of a property of which at the ending of the tenancy qualifying for protection those premises form part, exceeded the limit specified in subsection (1) (a) of section 1 of that Act;that the interest of the immediate landlord of the tenant under the tenancy qualifying for protection belongs to any of the bodies or entities specified in subsection (2) of section 5 of the Rent (Scotland) Act 1971 other than the Housing Corporation;that the interest of the immediate landlord of the tenant under the tenancy qualifying for protection belongs to such a housing association as is referred to in subsection (4) of section 5 of the Rent (Scotland) Act 1971 and that one of the conditions specified in subsection (5) of that section is fulfilled;that immediately before the ending of the tenancy qualifying’ for protection those premises, were let together with agricultural land exceeding two acres in extent but were not a dwelling-house comprised in an agricultural holding and occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming the holding;that immediately before the ending of the tenancy qualifying for protection the circumstances mentioned in

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