Housing (Scotland) Act 1988
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Change 1
25B Determination of rent by the First-tier Tribunal where section 25A applies
(1) Where a tenant refers to the First-tier Tribunal a notice under section 25A, the First-tier Tribunal shall determine the amount by which the existing rent might reasonably be increased to take into account the tenant’s liability to make payments to the landlord in respect of council tax. (2) A determination under subsection (1) above shall, unless the landlord and tenant otherwise agree, have effect— (a) from the date specified in the notice under section 25A(2); or (b) if it appears to the First-tier Tribunal that such effect would cause undue hardship to the tenant, from such later date (being not later than the date of the determination) as the First-tier Tribunal may direct. (3) In any case where— (a) the First-tier Tribunal has before it at the same time a section 24 reference and a section 25A reference relating to the same tenancy; and (b) the date specified in the notice under section 24(1) is not later than the date specified in the notice under section 25A; and (c) the First-tier Tribunal proposes to hear the two references together, the First-tier Tribunal shall make a determination in relation to the section 24 reference before making their determination in relation to the section 25A reference. (4) In any case where paragraphs (a) and (c), but not paragraph (b), of subsection (3) above are satisfied— (a) the First-tier Tribunal shall make a determination in relation to the section 24 reference before the section 25A reference; and (b) the rent determined for the purposes of the section 25A reference shall take effect from the date specified in the notice given under that section. (5) In this section— (a) “section 24 reference” means the reference of a notice under section 24(1); (b) “section 25A reference” means the reference of a notice under section 25A; and (c) “rent” has the same meaning as in section 25. (6) Section 25(2) applies to a determination under this section as it applies to a determination under that section.
25B Determination of rent by the First-tier Tribunal where section 25A applies
(1) Where a tenant refers to the First-tier Tribunal a notice under section 25A, the First-tier Tribunal shall determine the amount by which the existing rent might reasonably be increased to take into account the tenant’s liability to make payments to the landlord in respect of council tax. (2) A determination under subsection (1) above shall, unless the landlord and tenant otherwise agree, have effect— (a) from the date specified in the notice under section 25A(2); or (b) if it appears to the First-tier Tribunal that such effect would cause undue hardship to the tenant, from such later date (being not later than the date of the determination) as the First-tier Tribunal may direct. (3) In any case where— (a) the First-tier Tribunal has before it at the same time a section 24 reference and a section 25A reference relating to the same tenancy; and (b) the date specified in the notice under section 24(1) is not later than the date specified in the notice under section 25A; and (c) the First-tier Tribunal proposes to hear the two references together, the First-tier Tribunal shall make a determination in relation to the section 24 reference before making their determination in relation to the section 25A reference. (4) In any case where paragraphs (a) and (c), but not paragraph (b), of subsection (3) above are satisfied— (a) the First-tier Tribunal shall make a determination in relation to the section 24 reference before the section 25A reference; and (b) the rent determined for the purposes of the section 25A reference shall take effect from the date specified in the notice given under that section. (5) In this section— (a) “section 24 reference” means the reference of a notice under section 24(1); (b) “section 25A reference” means the reference of a notice under section 25A; and (c) “rent” has the same meaning as in section 25. (6) Section 25(2) applies to a determination under this section as it applies to a determination under that section.
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