This booklet takes account of changes made to the regulated tenancies in the Housing (Scotland) Act 1988 and replaces earlier editions.
This booklet provides information and guidance for landlords and tenants about regulated tenancies. These tenancies were the usual form of letting by private landlords before 2 January 1989. New lettings by private landlords on or after that date will normally be assured tenancies, but existing regulated tenancies entered into before that date will continue to operate until such time as the tenancy comes to an end.
This booklet cannot give an authoritative interpretation of the law; only the courts can do that. Nor can it cover every case. If you are in doubt about your rights or obligations you should seek advice from a citizens' advice bureau or a solicitor. Help with all or part of the cost of legal advice may be available under the legal advice and assistance scheme. Some solicitors-also provide a free first interview to discuss your problem.
The address of your nearest solicitor can be obtained from the Law Society of Scotland (Tel: 0131 226 7411) or from Yellow Pages.
The law, of course, applies equally to both sexes, and in this booklet "she" may be read for "he" wherever it appears.
How to use this booklet
Most lettings, whether furnished or unfurnished, by non-resident landlords are regulated tenancies if they were created before 2 January 1989.
The purpose of this booklet is to provide, in question and answer form, a general guide to landlords and tenants on their rents, rights and responsibilities in regulated tenancies.
This booklet does not apply to:
(a) council tenancies
(b) tenancies of registered Housing Associations (apart from Section C which does apply to secure tenancies of registered Housing Associations)
(c) tenancies where the landlord's home is in the same house as the tenant
(d) assured tenancies (including short, assured tenancies)
The booklet is divided into sections. The Table of Contents lists the sections and matters dealt with in each section. It is not exhaustive and gives only a general indication of the questions in each section.
If you need legal advice, you should consult a solicitor. The Scottish Legal Advice and Assistance Scheme enables legal advice to be obtained either free of charge or for a small fee, depending on your means. A list of those solicitors taking part in the Legal Advice and Assistance Scheme can be found in the Yellow Pages under "Legal Aid".
Citizens' Advice Bureaux or Housing Aid Centres may be able to provide general information. Rent Officers can be consulted about registration of rents.
|
Section |
Question |
|
What is and is not a regulated tenancy? |
1-2 |
|
What are the Rent Act rateable value limits? |
3 |
|
What is a short tenancy? |
4 |
|
Security of tenure |
5-7 |
|
Notice to quit |
8-10 |
|
Possession order |
11-16 |
|
Sub-letting |
17 |
|
C The Housing (Scotland) Act 1988 - Rights of Regulated Tenants |
|
|
What happens after 2 January 1989? |
18-26 |
|
Succession to tenancy |
27-36 |
|
What is a registered rent? |
37 |
|
What is a Rent Assessment Committee? |
38 |
|
What is Rent Officer? |
39 |
|
Who can apply to have a rent registered? |
40 |
|
When can an application for registration be made? |
41 |
|
Can I get an idea of what rent will be registered before applying to the Rent Officer? |
42 |
|
Rent registration procedures |
43-44 |
|
Services |
45-47 |
|
Objection to registered rent |
48-50 |
|
Review of registered rent |
51-52 |
|
Certificate of fair rent |
53 |
|
Effect and effective date of registering a fair rent |
54-55 |
|
Reduction of rent |
56 |
|
Increases in rent |
57-63 |
|
Variable service charges |
64 |
|
Must the rent be registered? |
65-66 |
|
Rent Agreement |
67-72 |
|
Cancellation of registered rent |
73 |
|
Joint application by landlord and tenant |
74-75 |
|
Decision of Rent Officer |
76-77 |
|
Effect of cancellation |
78-79 |
|
Application by landlord |
80 |
|
Landlord's identity |
81-83 |
|
Rent books |
84 |
|
Help in paying rent |
85 |
|
Illegal premiums |
86-88 |
|
Furniture, fixtures and fittings |
89-90 |
|
Rent in advance |
91 |
|
Gas and electricity |
92-93 |
|
Landlord's access to property |
94 |
|
Landlord's rights and responsibilities |
95-96 |
|
Tenant's rights and responsibilities |
97-98 |
|
Repairs not done |
99 |
|
Help with the cost of repairs and improvements |
100 |
|
Increase in rent following improvement works |
101-102 |
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