Tenants' Rights, Etc. (Scotland) Act 1980
| Jurisdiction | UK Non-devolved |
| Citation | 1980 c. 52 |
| Year | 1980 |
(1) In this Part of this Act—“ (3) and (4) ” .(5) In section 18(2) (protection of tenure in connection with employment, under a licence or a rent-free letting) for “(5) to (8) ” substitute “ (3) and (4) ” .(6) Section 19(5) (limitation on application of Rent Acts— heritable securities) is repealed.(1) in subsection (2) the words “in such form as may be prescribed” are repealed; andsubsection (5) is repealed.(1) Every controlled tenancy for the purposes of the 1971 act in existence at the date of commencement of this section shall then cease to be a controlled tenancy and shall become a regulated tenancy for the purposes of the F9M6Rent (Scotland) Act 1984(2) Where a part of premises which include a dwelling-house is used as a shop or office or for business, trade or professional purposes, and the premises were let immediately before the commencement of this section under a controlled tenancy, F9neither section 9 of the 1971 Act nor section 10 of the Rent (Scotland) Act 1984 shall prevent that tenancy becoming a regulated tenancy under subsection (1) above nor shall it prevent a new tenancy granted to the tenant or to any person who is entitled to succeed him as a statutory tenant from becoming a regulated tenancy.(3) (1) Subject to subsection (2) below, sections 24, 29 and 30 of the 1971 Act, all of which relate to increase of recoverable rent on account of improvements, shall cease to have effect.(2) Where a notice of increase has been served by the landlord under subsection (2) of the said section 24 before the commencement of this section, the said sections 24, 29 and 30 shall continue to apply in relation to the rent increase to which the notice relates as they applied before the said commencement.
- “the 1971 Act” means the Rent (Scotland) Act 1971;
- “the 1972 Act” means the Housing (Financial Provisions) (Scotland) Act 1972;
- “the 1975 Act” means the Housing Rents and Subsidiaries (Scotland) Act 1975; and
- “short tenancy” has the meaning assigned to it in section 34 of this Act.
- “(1A) This section does not apply in relation to any tenancy entered into after the commencement of section 55 of the Tenants’ Rights, Etc. (Scotland) Act 1980.
- “(3) The rent for any rental period (that is to say, a period in respect of which an instalment of rent falls to be paid) shall be the amount payable for the last rental period before the end of the tenancy, but subject to adjustment from time to time in accordance with section 22 or 23 of the Rent (Scotland) Act 1971 (adjustment, with respect to rates, services and furniture, of recoverable rent for statutory periods before registration) .
- (4) Subsection (3) above has effect subject to any agreement between the parties for the payment of a lower rent; and where a lower rent is agreed it shall not be increased in accordance with the said section 22 or 23 but may, notwithstanding anything in any other enactment, be increased by agreement in writing between the parties up to an amount not exceeding the amount of rent provided for in subsection (3) above.
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