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Scottish Statutory Instruments
2017 No. 349
Housing
The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017
Made
24th October 2017
Laid before the Scottish Parliament
26th October 2017
Coming into force
1st December 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 53(1) and (3) and paragraph 8(1)(a) of schedule 5 of the Rent (Scotland) Act 1984(1) and sections 17(2), and (3), 19(3), 24(1) and (3), 34(1), 48(2), 53(3) and 55(1) of the Housing (Scotland) Act 1988(2) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 and come into force on 1st December 2017.
Forms
2. The forms set out in the schedule are the forms to be used for the purposes of the provisions of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 which are referred to in those forms.
Revocations
3.-(1) Regulation 5(2) and schedule 4 of the Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991 are revoked.
(2) Regulation 3 and schedule 2 of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016 are revoked.
Saving and transitional provisions
4.-(1) Despite their revocation by regulation 3, regulation 5(2) and schedule 4 of the Rent Regulation (Forms and Information etc.) (Scotland) Regulations 1991(3) continue to have effect in relation to any rent book required by section 79(1) of the Rent (Scotland) Act 1984 and in existence immediately before 1st December 2017.
(2) On and after 1st December 2017, a form under the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016(4) which was served on a landlord or tenant or used to make an application to the First-tier Tribunal for Scotland Housing and Property Chamber prior to 1st December 2017, is to be treated for all purposes as if it were the equivalent form under these Regulations.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
24th October 2017
Regulation 2
SCHEDULEFORMS
List of Forms
| Form Name | Purpose | Relevant provisions of the Rent (Scotland) Act 1984 |
|---|---|---|
| Form 6 | Notice requiring landlord or tenant to supply the First-tier Tribunal for Scotland Housing and Property Chamber with information | Paragraph 8(1)(a) of schedule 5 |
| Form of rent book | Form under section 79(1) | Section 79(1) |
| Form No | Purpose | Relevant provisions of the Housing (Scotland) Act 1988 |
| AT1 (L) | Notice by landlord under section 17(2) proposing terms of a statutory assured tenancy different from the terms of the former tenancy | Section 17(2) |
| AT1 (T) | Notice by tenant under section 17(2) proposing terms of a statutory assured tenancy different from the terms of the former tenancy | Section 17(2) |
| AT2 | Notice by landlord under section 24(1) of an increase of rent under an assured tenancy | Section 24(1) |
| AT3 (L) | Application by a landlord to the First-tier Tribunal for Scotland Housing and Property Chamber for a determination of the terms of a statutory assured tenancy and, if appropriate, rent for that tenancy under section 17(3) of the Housing (Scotland) Act 1988 | Section 17(3) |
| AT3 (T) | Application by a tenant to the First-tier Tribunal for Scotland Housing and Property Chamber for a determination of the terms of a statutory assured tenancy and, if appropriate, rent for that tenancy under section 17(3) of the Housing (Scotland) Act 1988 | Section 17(3) |
| AT4 | Application by a tenant to the First-tier Tribunal Housing and Property Chamber for a determination of rent under sections 24(3) and 34(1) of the Housing (Scotland) Act 1988 | Section 24(3) and 34(1) |
| AT6 | Notice under section 19 of intention to raise proceedings for possession | Section 19 |
| AT8 | Notice under section 48(2) requiring that a landlord or tenant supply the First-tier Tribunal for Scotland Housing and Property Chamber with information | Section 48(2) |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations set out the forms to be used for certain purposes of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 and for the purposes of proceedings before the First-tier Tribunal for Scotland Housing and Property Chamber ("the Tribunal").
Form 6 and the form of rent book are required in relation to the Rent (Scotland) Act 1984 and are used respectively, as a notice requiring a landlord or tenant to supply information to the Tribunal and the rent book required under section 79(1) of that Act.
The other forms in the schedule relate to assured tenancies, including short assured tenancies, under the Housing (Scotland) Act 1988. The forms are in relation to proposing terms of a statutory assured tenancy by the landlord (AT1(L)) or by the tenant (AT1(T)), notice of a rent increase (AT2), application for determination of terms of the tenancy to the Tribunal by the landlord (AT3(L)) or by the tenant (AT3(T)), application for determination of rent (AT4), notice of intention to raise proceedings (AT6) and notice requiring a landlord or tenant to supply information to the Tribunal (AT8).
Regulation 3 makes revocations. Regulation 4 makes a saving provision in respect of an existing rent book required under section 79(1) of the Housing (Scotland) Act 1984 and a transitional provision to enable a form served on a landlord or tenant or used to make an application to the Tribunal prior to these Regulations coming into force to be treated as if it were an equivalent form under these Regulations.
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.
1984 c.58. Section 53 was amended by sections 48(1) and 52 of the Housing (Scotland) Act 1988 (c.43) and S.S.I. 2016/337. Paragraph 8(1) was amended by paragraph 5 of schedule 6 of the Housing (Scotland) Act 2006 (asp 1) ("the 2006 Act") and S.S.I. 2016/337. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).
1988 c.43. Section 17(3) was amended by paragraph 16 of schedule 6 of the 2006 Act. Section 19(3) was amended by paragraph 85(b) of schedule 17 of the Housing Act 1988 (c.50). Section 24(1) was amended by paragraph 100(a) of schedule 11 of the Local Government and Housing Act 1989 (c.42). Sections 24(3), 34(1) and 48(2) were amended by paragraph 16 of schedule 6 of the 2006 Act and S.S.I. 2016/337. Section 55(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).
S.I. 1991/1521 amended by S.I. 1993/647, S.S.I. 2007/475 and S.S.I. 2016/337.
S.S.I. 2016/339 amended by S.S.I. 2017/68 and S.S.I. 2017/328.