1. This leaflet explains what Rent Assessment Committees are and outlines the procedures that are followed by a Committee when dealing with an application from a landlord or tenant for a determination of rent or tenancy terms for an assured or short assured tenancy.
2. This guide is for both landlords and tenants; it sometimes refers to 1he other party". If you are the tenant this means your landlord, and if you are the landlord it means your tenant.
3. The circumstances in which an application can be made to a Rent Assessment Committee are outlined in the booklet "Assured Tenancies in Scotland - A Guide for Landlords and Tenants". Further guidance can be obtained from any office of the Rent Assessment Committee or from a solicitor, or from a voluntary organisation which gives advice on housing matters.
4. Scotland's Rent Assessment Committees work out of 2 locations, namely Glasgow, and Edinburgh.
The Glasgow office covers: Argyll & Bute; Clackmannanshire; Dumfries & Galloway; East Ayrshire; East Dunbartonshire; East Renfrewshire; Falkirk; Glasgow City; Inverclyde; North Ayrshire; North Lanarkshire; Renfrewshire; South Ayrshire; South Lanarkshire; Stirling; West Dunbartonshire; and the Western Isles.
The Edinburgh office covers: Aberdeen City; Aberdeenshire; Angus; Dundee City; East Lothian; City of Edinburgh; Fife; Highland; Midlothian; Moray; Orkney Islands; Perth & Kinross; Scottish Borders; Shetland; and West Lothian. The address and telephone number of each office is given at paragraph 23.
5. Committee members are drawn from a panel of members known as the "Rent Assessment Panel. Members of the Panel are appointed by the Secretary of State for Scotland. Normally each Rent Assessment Committee comprises 3 people, including a layer, a professional surveyor and a lay person. A Rent Assessment Committee is therefore an independent body. It charges no fee.
6. If you decide to apply to a Rent Assessment Committee for a determination of rent or tenancy terms you should address your application to the Clerk to the Committee for your area. The application should be made on a special form. There are different forms for different circumstances. They are as follows:
Form AT3(T)
This is for the use of a tenant who seeks from the Committee a determination of tenancy terms (and possibly of a rent to reflect those terms) following the serving by the landlord on the tenant of a Notice ATI (L) proposing new tenancy terms, and possibly new rent.
Form AT3(L)
This is for the use of a landlord who seeks from the Committee a determination of tenancy terms (and. possibly of a rent to reflect those terms) following the serving by the tenant on the landlord of a Notice ATI (T) proposing new tenancy terms, and possibly a new rent.
Form AT4
This is for the use of a tenant who seeks a determination of rent in response to the serving by the landlord on the tenant of a Notice AT2 proposing a new rent
An AT4 can also be used by a tenant of a short assured tenancy who wishes to apply for a determination of rent.
Important: a tenant of a short assured tenancy who applies for a determination using form AT4 should note that the Committee will fix a rent only if they consider that from the evidence provided to them by one of the parties that -
there are enough similar houses in the locality let on assured or short assured tenancies for them to be able to make comparisons; and
the rent being charged by the landlord is significantly higher than he might be expected to obtain given the rents for similar tenancies of similar houses in the area.
7. After receiving your application, the Clerk to the Rent Assessment Committee will write to you and to the other party asking whether you wish to have the matter dealt with at a hearing or whether you wish to make written representations. You should reply as soon as you can but in any event within the time stipulated. You should also note that once an application is made the committee has a right to request that you or the other party to the tenancy provide information to help it come to a decision. It is an offence to withhold from the Committee information which it seeks. Someone who does not provide information requested by the Committee is liable to a fine.
8. If you do not ask for a hearing you can make "written representations" - that is to say comments in writing giving your views on the tenancy terms and/or the rent. The Committee Clerk will send a copy of your representations to the other party. If the other party does not ask for a hearing, they will then be given the same chance to comment on any written representations the other has made. When the Committee are satisfied that you and the other party have had the chance to answer the points made by each other they will meet to decide the appropriate tenancy terms and/or rent. They will do this on the basis of the written representations. If you make written representations, but if the other party to the tenancy asks for a hearing, one will be arranged and you will be told so that you can attend if you wish. The representations will still be copied to the other party and they will be able to comment on them at the hearing.
9. Rent Assessment Committee hearings are open to the public. If you do not wish to present your case yourself you can ask somebody to speak for you. This can be anybody you wish and need not be an expert or a professional. 10. The Chairman of the Committee is in charge of the hearing, and he and the other Committee members will wish to make sure that they understand both sides of the case. The Chairman will tell you or your representative when you can address the Committee. Do not be afraid to do this or to ask him for guidance. On the other hand, do not think your case will suffer if you ask no questions. The Committee will have all the papers about the case in front of them, but they may ask questions to help them understand the facts and the arguments on both sides.
11. Each party will have the right to question the other, and you should answer any questions as fairly and honestly as you can. The Chairman will protect you from any unfair questioning. When you are asked to speak, give your views on the level of rent and on tenancy terms. Make a note of the points you want to mention to the Committee so you do not forget anything important.
12. You have the right to ask the Committee to adjourn or postpone a hearing, and they may also decide to do so of their own accord; but they will try to avoid any unnecessary delays, and will not agree to requests made for adjournment or postponement unless there is good reason. If one party alone asks for an adjournment or postponement, the Committee must consider whether the reason's for the request justify the inconvenience which might be caused to the other party. They will not normally agree to a request made a short time before the hearing which does not allow enough time for the other party to be properly informed. 13. The Committee may also adjourn a hearing if one of the parties does not have one of the relevant papers or enough details about it, unless the person concerned agrees to continue with the hearing. If either tenant or landlord, or both, do not turn up the Committee can still decide the case if they are satisfied that sufficient notice of the hearing was given.
14. The Committee will normally visit the house. All those concerned will be told in advance of the time and date of the visit. If there is to be a hearing, the visit will normally be made immediately before the hearing. The landlord and tenant and their agents or representatives will, of course, be welcome to attend the visit, and may if they wish point out anything mentioned in the representations, but they may not put forward any new arguments or evidence during the visit. The purpose of the visit is simply to let the Committee see the premises for themselves. Unless the parties agree otherwise, the same period of notice for the visit will be given as would be given for a hearing. The Committee do not have a statutory right of entry. If entry is refused a further date for the inspection may be fixed and if entry is again refused, the Committee will determine the rent and/or tenancy terms on the information available to them and without inspection.
15. Once you have made an application to the Rent Assessment Committee you do not have an automatic right to withdraw it if you change your mind. You will normally be allowed to withdraw if the other party agrees, unless the Committee think that there are good reasons for continuing with the case. Even when you have told the Committee that you wish to withdraw your application, you should not assume that this has been agreed to until they tell you. If you try to withdraw your application a short time before a hearing is due to take place, there may not be enough time to consult the other party. The Committee will continue with the hearing but they may allow you to withdraw your objection at the beginning of the hearing if the other party agrees.
16. Whether you are making written representations or speaking at a hearing, you might find the following notes useful in presenting your case.
16.1 Set out clearly what you think the rent and/or the terms of the tenancy should be.
16.2 Be able to justify your view of what the rent and/or the terms of the tenancy should be.
16.3 Point out to the Committee what you believe are important points to be borne in mind. For example, you may wish to speak to the Committee about some of the following: .
rents and/or tenancy terms for similar properties in the neighbourhood
the physical condition of the house and its size and age.
services provided such as cleaning or lighting or hot water
the character of the neighbourhood
distance to shops, schools, bus station and the like
16.4 Comment on any doubtful points made by the other party either at the hearing or in written representations.
16.5 Draw attention to major repairs or improvements, particularly those which are outwith the terms of the tenancy agreement.
17. If the Committee are asked to determine a rent they will fix the rent at the figure which they consider that the house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy, or as the case may be under a short assured tenancy. In making their determination of rent for an assured tenancy the Committee will disregard:
i. any effect on the rent attributable to the granting of a tenancy to a sitting tenant;
ii. any effect on the rent attributable to an improvement carried out by the tenant other than in pursuance of an obligation to the landlord, and
iii. any effect on the rent attributable to a failure by the tenant to carry out the terms of the tenancy.
18. The Committee will give their decision in writing by post. The tenancy terms or amount of rent determined will come into effect on the date directed by the Committee unless tenant and landlord agree another date. If you want the Committee to give reasons you should ask, preferably in writing, before the decision is given to you or as soon as possible afterwards.
19. There is no appeal on the facts decided by the Committee. But if you think they have made a mistake in applying the law you may be able to take the case to the Court of Session. If you are thinking of going to the Court of Session you should take legal advice about the proper procedure. You should seek advice as quickly as possible because there is a very short time limit, for example in some cases as low as 14 days. This runs from the date you are given the decision or, if you have asked for reasons for the decision, the date-you are given those reasons.
20. The Legal Aid Scheme does not cover representation before the Committee, but it may be available for advice either free or at low cost from a solicitor before the hearing, to a landlord or tenant who satisfies the requirements of the Legal Aid Scheme. Advice may also be available at no cost from an office of the Citizens Advice Bureau or a Shelter Housing Aid Centre.
21. Tenants and landlords may wish to examine previous determinations relating to other houses which they consider comparable. Particulars of all Rent Assessment Committee determinations under the Housing (Scotland) Act 1988 are kept by the Rent Assessment Panel, and are available for public consultation and inspection.
If you wish to inspect the register, facilities for doing so are available at your local Rent Assessment Committee Office. An appointment for this purpose should be made, either in writing or by telephone on any week day (Monday to Friday).
22. You should be aware that under the Rent Assessment Committee (Assured Tenancies)'(Scotland) Regulations 1988, a Committee do not have to give reasons for their determination unless requested to do so. Thus the documents available may consist solely of a single register sheet. If, however, reasons have been requested and given then, in addition to the register sheet, there will be available a further document setting out the reasons for the determination.
Rent Assessment Committees' determinations (with reasons for their determination, where issued) can be purchased. Any persons wishing to make a purchase should contact the appropriate Rent Assessment Committee Office (see paragraph 23) stating in each case (if more than one) the address of the house concerned, and the date of the determination.
3rd Floor
140 West Campbell Street
GLASGOW
G2 4TZ
Telephone: 0141 572 1170
Fax: 0141 572 1171
24. If you require further information on any of the matters touched upon in this leaflet contact the Rent Assessment Committee office listed above.
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