Rent (Scotland) Act 1984

Precedure on applications to rent officerS

1SOn receiving any application for the registration of a rent, the rent officer may, by notice in writing served on the landlord or the tenant (whether or not the applicant or one of the applicants), require him to give to the rent officer, within such period of not less than 14 days from the service of the notice as may be specified in the notice, such information as he may reasonably require regarding such of the particulars contained in the application as may be specified in the notice.

2SWhere the application is made by the landlord alone the rent officer shall serve on the tenant, and where it is made by the tenant alone he shall serve on the landlord, a notice informing him of the application and specifying a period of not less than 14 days from the service of the notice during which representations in writing may be made to the rent officer against the registration of the rent specified in the application.

3(1)Where—S

(a)the application is made jointly by the landlord and the tenant, or

(b)no representations are made as mentioned in paragraph 2 above,

and it appears to the rent officer, after making such inquiry, if any, as he thinks fit and considering any information supplied to him in pursuance of paragraph 1 above, that the rent specified in the application is a fair rent, he may register that rent without further proceedings.

(2)Where the rent officer registers a rent under this paragraph he shall notify the landlord and tenant accordingly.

4SWhere the rent officer, in carrying out his functions under this Part of this Schedule, inspects a dwelling-house, he shall explain to the tenant or to his spouse, if either is present at the inspection, the procedure upon an applcation for the registration of a rent under this Part of this Schedule.

5(1)Where representations are made as mentioned in paragraph 2 above or the rent officer is not satisfied that the rent specified in the application is a fair rent or, as the case may be, that the rent for the time being registered is any longer a fair rent, he shall serve a notice under this paragraph.S

(2)A notice under this paragraph shall be served on the landlord and on the tenant informing them that the rent officer proposes, at a time (which shall not be earlier than seven days after the service of the notice) and place specified in the notice to consider in consultation with landlord and the tenant, or such of them as may appear at that time and place, what rent ought to be registered for the dwelling-house or, as the case may be, whether a different rent ought to be so registered.

(3)At any such consultaion the landlord and the tenant may each be represented by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor.

6SAfter considering, in accordance with paragraph 5 above, what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, the rent officer shall, as the case may require,—

(a)determine a fair rent and register it as the rent for the dwelling-house; or

(b)confirm the rent for the time being registered and note the confirmation in the register;

and shall notify the landlord and the tenant accordingly by a notice stating that if, within 28 days of the service of the notice or such longer period as he or a [F1private rented housing] committee may allow, an objection in writing is received by the rent officer from the landlord or the tenant the matter will be referred to a [F1private rented housing] committee.

7(1)If such an objection as is mentioned in paragraph 6 above is received, then—S

(a)if it is received within the period of 28 days specified in that paragraph or a [F2private rented housing] committee so direct, the rent officer shall refer the matter to a [F2private rented housing] committee;

(b)if it is received after the expiry of that period the rent officer may either refer the matter to a [F2private rented housing] committee or seek the directions of a [F2private rented housing] committee whether so to refer it.

(2)The rent officer shall indicate in the register whether the matter has been referred to a rent assessment committee in pursuance of this paragraph.