Housing (Scotland) Act 1988
1988 c. 43
An Act to establish a body having functions relating to housing; and, as respects Scotland, to make further provision with respect to houses let on tenancies; to confer on that body and on persons approved for the purpose the right to acquire from public sector landlords certain houses occupied by secure tenants; to make new provision as to the limit on discount on the price of houses purchased by secure tenants; to provide for the making of local authority grants to assist local authority tenants to obtain accommodation otherwise than as such tenants; to abolish, and make interim provision for the capitalisation of, certain subsidies and contributions relating to housing; to make further provision about rent officers and the administration of housing benefit and rent allowance subsidy; to make provision for the disposal of housing land by development corporations; and for connected purposes.
[2nd November 1988]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the purposes of the exercise of their general functions under section 1(3), the Scottish Ministers, so far as they do not otherwise have power to do so, may—
(a) make grants;
(b) make loans;
(c) acquire, hold and dispose of securities;
(d) guarantee obligations (arising out of loans or otherwise) incurred by other persons, or grant indemnities;
(e) provide or assist in the provision of advisory or other services or facilities for any person;
(f) acquire land by agreement or gift;
(g) acquire land (including servitudes or other rights in or over land by the creation of new rights) compulsorily;
(h) hold and manage land and dispose of, or otherwise deal with, land held by them;
(j) acquire and dispose of plant, machinery, equipment and other property;
(k) develop land or carry out works on land, and maintain or assist in the maintenance of any such works;
(l) make land, plant, machinery, equipment and other property available for use by other persons;
(m) appoint other persons to act as their agents;
(n) act as agents for other persons;
(o) form companies under the Companies Act 2006;
(p) form partnerships with other persons;
(q) promote, provide or assist in the provision of, training in matters relating to housing;
(r) carry out, commission or assist in the provision of, research and development;
(s) promote, or assist in the promotion of, publicity relating to their general functions under section 1(3) and to matters relating to housing;
(t) make such charge as they think fit for any of their services;
(u) accept any gift or grant made to them for the purposes of any of their general functions under section 1(3) and, subject to the terms of the gift or grant and to the provisions of this Act, apply it for those purposes;
(v) turn their resources to account so far as they are not required for the exercise of any of their general functions under section 1(3).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A tenancy under which a house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—
(a) the tenant or, as the case may be, at least one of the joint tenants is an individual; and
(b) the tenant or, as the case may be, at least one of the joint tenants occupies the house as his only or principal home; and
(c) the tenancy is not one which, by virtue of subsection (1A) or (2) below, cannot be an assured tenancy.
(1A) A tenancy cannot be an assured tenancy if it is granted on or after 1 December 2017 .
(2) If and so long as a tenancy falls within any paragraph of Schedule 4 to this Act, it cannot be an assured tenancy; and in that Schedule “tenancy” means a tenancy under which a house is let as a separate dwelling.
(3) Subsection (1) is subject to section 46A.
(1) If, under a tenancy, a house is let together with other land, then, for the purposes of this Act—
(a) if and so long as the main purpose of the letting is the provision of a home for the tenant or, as the case may be, at least one of the joint tenants, the other land shall be treated as part of the house; and
(b) if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a house is let as a separate dwelling.
(2) Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 4 to this Act.
14 Tenant sharing accommodation with persons other than landlord.
(1) Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and—
(a) the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (“the shared accommodation”) in common with another person or other persons, not being or including the landlord, and
(b) by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a house let on an assured tenancy,
the separate accommodation shall be deemed to be a house let on an assured tenancy and the following provisions of this section shall have effect.
(2) While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.
(3) Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (2) above shall prevent those terms from having effect so far as they relate to any such variation or increase.
(4) In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a house.
15 Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.
(1) Where the tenant of a house has sublet a part but not the whole of the house, then, as against his landlord or any superior landlord, no part of the house shall be treated as excluded from being a house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the house include the use of accommodation in common with other persons.
(2) Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.
(1) After the termination of a contractual tenancy which was an assured tenancy the person who, immediately before that termination, was the tenant, so long as he retains possession of the house without being entitled to do so under a contractual tenancy shall, subject to section 12 above and sections 18 and 32 to 35 below—
(a) continue to have the assured tenancy of the house; and
(b) observe and be entitled to the benefits of all the terms and conditions of the original contract of tenancy so far as they are consistent with this Act but excluding any—
(i) which makes provision for the termination of the tenancy by the landlord or the tenant; or
(ii) which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period) otherwise than by an amount specified in or fixed by reference to factors specified in that contract or by a percentage there specified or fixed by reference to factors there specified, of an amount of rent payable under the tenancy,
and references in this Part of this Act to a “statutory assured tenancy” are references to an assured tenancy which a person is continuing to have by virtue of this subsection, subsection (1) of section 31 below, or section 3A of the Rent (Scotland) Act 1984.
(1A) The factors referred to in subsection (1)(b)(ii) above must be—
(a) factors which, once specified, are not wholly within the control of the landlord; and
(b) such as will enable the tenant at all material times to ascertain without undue difficulty any amount or percentage falling to be fixed by reference to them.
(2) A statutory assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the First-tier Tribunal in accordance with the following provisions of this Part of this Act.
(3) Notwithstanding anything in the terms and conditions of tenancy of a house being a statutory assured tenancy, a landlord who obtains an order for possession of the house as against the tenant shall not be required to give him any notice to quit.
(1) In this section, in relation to a statutory assured tenancy “the former tenancy” means the tenancy on the termination of which the statutory assured tenancy arises.
(2) Not later than the first anniversary of the termination of the former tenancy, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form—
(a) proposing terms of the statutory assured tenancy other than as to the amount of the rent different from those which have effect by virtue of section 16(1)(b) above; and
(b) proposing, if appropriate, an adjustment of the rent to take account of the proposed terms.
(3) Where a notice has been served under subsection (2) above—
(a) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may refer the notice to the First-tier Tribunal under subsection (4) below in the prescribed form; and
(b) if the notice is not so referred, then, with effect from such date, not falling within the period of three months referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any other terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.
(4) Where a notice under subsection (2) above is referred to the First-tier Tribunal, the First-tier Tribunal shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the First-tier Tribunal’s opinion, might reasonably be expected to be found in a contractual assured tenancy of the house concerned, being a tenancy—
(a) which begins at the termination of the former tenancy; and
(b) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory assured tenancy at the time of the First-tier Tribunal’s consideration.
(5) Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory assured tenancy, where the First-tier Tribunal determines any terms under subsection (4) above, it shall, if it considers it appropriate, specify such an adjustment to take account of the terms so determined.
(6) In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.
(7) Where a notice under subsection (2) above is referred to the First-tier Tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the First-tier Tribunal may direct—
(a) the terms determined by the First-tier Tribunal shall become terms of the statutory assured tenancy in substitution for any other terms dealing with the same subject matter; and
(b) the amount of the rent under the statutory assured tenancy shall be altered to accord with any adjustment specified by the First-tier Tribunal,
but for the purposes of paragraph (b) above, the First-tier Tribunal shall not direct a date earlier than the date on which the notice in question was referred to them.
(8) Nothing in this section requires the First-tier Tribunal to continue with a determination under subsection (4) above if the tenancy has been brought to an end by order of the First-tier Tribunal under this Part of this Act or if the landlord and tenant give notice in writing that they no longer require such a determination.
(1) The First-tier Tribunal shall not make an order for possession of a house let on an assured tenancy except on one or more of the grounds set out in Schedule 5 to this Act.
(2) The following provisions of this section have effect, subject to section 19 below, in relation to proceedings for the recovery of possession of a house let on an assured tenancy.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) If the First-tier Tribunal is satisfied that any of the grounds in Part I or II of Schedule 5 to this Act is established, the Tribunal shall not make an order for possession unless the Tribunal considers it reasonable to do so.
(4A) In considering for the purposes of subsection (4) above whether it is reasonable to make an order for possession on Ground 11 or 12 in Part II of Schedule 5 to this Act, the First-tier Tribunal shall have regard, in particular, to—
(a) the extent to which any delay or failure to pay rent taken into account by the Tribunal in determining that the Ground is established is or was a consequence of a delay or failure in the payment of relevant housing benefit or relevant universal credit , and
(b) the extent to which the landlord has complied with the pre-action protocol specified by the Scottish Ministers in regulations.
(5) Part III of Schedule 5 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.
(6) The First-tier Tribunal shall not make an order for possession of a house which is for the time being let on an assured tenancy, not being a statutory assured tenancy, unless—
(a) the ground for possession is Ground 2 ... in Part I of Schedule 5 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 ... Ground 10 , Ground 15 or Ground 17; and
(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question.
(6A) Nothing in subsection (6) above affects the First-tier Tribunal 's power to make an order for possession of a house which is for the time being let on an assured tenancy, not being a statutory assured tenancy, where the ground for possession is Ground 15 in Part II of Schedule 5 to this Act.
(7) Subject to the preceding provisions of this section, the First-tier Tribunal may make an order for possession of a house on grounds relating to a contractual tenancy which has been terminated; and where an order is made in such circumstances, any statutory assured tenancy which has arisen on that termination shall, without any notice, end on the day on which the order takes effect.
(8) In subsection (4A) above—
(a) “relevant housing benefit” means—
(i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971); or
(ii) any payment on account of any such entitlement awarded under Regulation 91 of those Regulations;
(aa) “relevant universal credit” means universal credit to which the tenant was entitled which includes an amount under section 11 of the Welfare Reform Act 2012 in respect of the rent;
(b) references to delay or failure in the payment of relevant housing benefit or relevant universal credit do not include such delay or failure so far as referable to any act or omission of the tenant.
(9) Regulations under subsection (4A)(b) may make provision about—
(a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy),
(b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy,
(c) such other matters as the Scottish Ministers consider appropriate.
(10) Regulations under subsection (4A)(b) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(1) The First-tier Tribunal shall not entertain proceedings for possession of a house let on an assured tenancy unless—
(a) the landlord (or, where there are joint landlords, any of them) has served on the tenant a notice in accordance with this section; or
(b) the Tribunal considers it reasonable to dispense with the requirement of such a notice.
(2) The First-tier Tribunal shall not make an order for possession on any of the grounds in Schedule 5 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the Tribunal.
(3) A notice under this section is one in the prescribed form informing the tenant that—
(a) the landlord intends to raise proceedings for possession of the house on one or more of the grounds specified in the notice; and
(b) those proceedings will not be raised earlier than the expiry of the period of two weeks or two months (whichever is appropriate under subsection (4) below) from the date of service of the notice.
(4) The minimum period to be specified in a notice as mentioned in subsection (3)(b) above is—
(a) two months if the notice specifies any of Grounds 1, 2, 5, 6, 7, 9 and 17 in Schedule 5 to this Act (whether with or without other grounds); and
(b) in any other case, two weeks.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where a notice under this section relating to a contractual tenancy—
(a) is served during the tenancy; or
(b) is served after the tenancy has been terminated but relates(in whole or in part) to events occurring during the tenancy,
the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory assured tenancy arising on the termination of the contractual tenancy.
(7) A notice under this section shall cease to have effect 6 months after the date on or after which the proceedings for possession to which it relates could have been raised.
19A Requirement to notify local authority of proceedings for possession
(1) Where a landlord raises proceedings for possession of a house let on an assured tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the house is situated, unless the landlord is that local authority.
(2) Notice under subsection (1) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
20 Extended discretion of First-tier Tribunal in possession claims
(1) The First-tier Tribunal may adjourn for such period or periods as the Tribunal thinks fit, proceedings for possession of a house let on an assured tenancy.
(2) On the making of an order for possession of a house let on an assured tenancy or at any time before the execution of such an order, the First-tier Tribunal , subject to subsection (6) below, may—
(a) sist or suspend execution of the order; or
(b) postpone the date of possession,
for such period or periods as the Tribunal thinks fit.
(3) On any such adjournment as is referred to in subsection (1) above or on any such sist, suspension or postponement as is referred to in subsection (2) above, the First-tier Tribunal , unless the Tribunal considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy and may impose such other conditions as the Tribunal thinks fit.
(4) If any such conditions as are referred to in subsection (3) above are complied with, the First-tier Tribunal may, if the Tribunal thinks fit, recall any such order as is referred to in subsection (2) above.
(5) In any case where—
(a) at a time when proceedings are brought for possession of a house let on an assured tenancy, any person having occupancy rights under section 1 or 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 is in occupation of the house; and
(b) the assured tenancy is terminated as a result of those proceedings,
that person, so long as he or she remains in occupation, shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such sist, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those occupancy rights were not affected by the termination of the tenancy.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Special provisions applicable to shared accommodation.
(1) This section applies in a case falling within subsection (1) of section 14 above and expressions used in this section have the same meaning as in that section.
(2) Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person from whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 17 above shall have effect accordingly.
(3) On the application of the landlord, the First-tier Tribunal may make such order as Tribunal thinks just either—
(a) terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or
(b) modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise.
(4) No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 14(2) above, could not be effected by or under the terms of the tenancy.
(1) Where the First-tier Tribunal makes an order for possession of a house let on an assured tenancy on Ground 6 or Ground 9 in Schedule 5 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the house.
(2) Any question as to the amount payable by the landlord to a tenant by virtue of subsection (1) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the First-tier Tribunal .
23 Limited prohibition on assignation etc. without consent.
(1) Subject to subsection (2) below, it shall be an implied term of every assured tenancy that, except with the consent of the landlord, the tenant shall not—
(a) assign the tenancy (in whole or in part); or
(b) sublet or part with possession of the whole or any part of the house let on the tenancy.
(2) Subsection (1) above does not apply if, under the terms of the tenancy, there is provision prohibiting or permitting (whether absolutely or conditionally) assignation, subletting or parting with possession by the tenant.
(1) For the purpose of securing an increase in the rent under a statutory assured tenancy, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect—
(a) if the tenancy was at the time of service of the notice a contractual tenancy (whether or not renewed by operation of tacit relocation), immediately after its termination; or
(b) if the tenancy was at the time of service of the notice not such a contractual tenancy, at any time during the tenancy,
but not earlier than the expiry of the minimum period after the date of service of the notice.
(2) The minimum period referred to in subsection (1) above is except in a case where section 25A applies—
(a) if the assured tenancy is for 6 months or more, 6 months;
(b) if the assured tenancy is for less than 6 months, the duration of the tenancy or one month (whichever is the longer) and in any case to which section 25A applies, one month.
(3) Where a notice is served under subsection (1) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the period to which the new rent relates—
(a) the tenant refers the notice to the First-tier Tribunal in the prescribed form; or
(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
(4) Where a notice is served under subsection (1) above but the rent under the tenancy has previously been increased (whether by agreement or by virtue of a notice under subsection (1) above or a determination under section 25 below) the new rent shall take effect not earlier than the first anniversary of the date on which that increase took effect.
(5) Nothing in this section
(a) extends to a statutory assured tenancy of which there is a term which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period) by an amount specified in, or fixed by reference to factors specified in, the tenancy contract or by a percentage there specified, or fixed by reference to factors there specified, of an amount of rent payable under the tenancy or
(b) affects the operation of any term of a contractual tenancy which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period)
(6) The factors referred to in subsection (5) above must be—
(a) factors which, once specified, are not wholly within the control of the landlord; and
(b) such as will enable the tenant at all material times to ascertain without undue difficulty any amount or percentage falling to be fixed by reference to them.
25 Determination of rent by the First-tier Tribunal
(1) Where, under subsection (3)(a) of section 24 above, a tenant refers to the First-tier Tribunal a notice under subsection (1) of that section, the First-tier Tribunal shall determine the rent at which, subject to subsections (2) and (3) below, the First-tier Tribunal considers that the house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—
(a) which begins at the beginning of the period to which the new rent specified in the notice relates;
(b) the terms of which (other than those relating to rent) are the same as those of the tenancy to which the notice relates; and
(c) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 5 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.
(2) In making a determination under this section, there shall be disregarded any effect on the rent attributable to—
(a) the granting of a tenancy to a sitting tenant;
(b) an improvement carried out by the tenant or a predecessor in title of his unless the improvement was carried out in pursuance of the terms of the tenancy; and
(c) a failure by the tenant to comply with any terms of the tenancy.
(3) In this section “rent” includes any sums payable by the tenant to the landlord on account of the use of furniture or for services or in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the house concerned or are payable under separate agreements.
(4) Where any rates in respect of the house concerned are borne by the landlord or a superior landlord, the First-tier Tribunal is to make its determination under this section as if the rates were not so borne.
(5) In any case where—
(a) the First-tier Tribunal has before it at the same time the reference of a notice under section 17(2) above relating to a tenancy (in this subsection referred to as “the section 17 reference”) and the reference of a notice under section 24(1) above relating to the same tenancy (in this subsection referred to as “the section 24 reference”); and
(b) the date specified in the notice under section 17(2) above is not later than the first day of the new period specified in the notice under section 24(1) above; and
(c) the First-tier Tribunal proposes to hear the two references together,
the the First-tier Tribunal shall make a determination in relation to the section 17 reference before making its determination in relation to the section 24 reference and, accordingly, in such a case the reference in subsection (1)(b) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 17 reference.
(6) Where a notice under section 24(1) above has been referred to the First-tier Tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the First-tier Tribunal (together with, in a case where subsection (4) above applies, the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the period to which the new rent specified in the notice relates or, if it appears to the First-tier Tribunal that that would cause undue hardship to the tenant, with effect from such date as the First-tier Tribunal may direct (being a date after the beginning of that period but not after the date when the First-tier Tribunal determined the rent).
(7) Nothing in this section requires the First-tier Tribunal to continue with its determination of a rent for a house if the tenancy has been brought to an end by order of the First-tier Tribunal under this Part of this Act or if the landlord and tenant give notice in writing that they no longer require such a determination.
(8) Nothing in this section or section 24 above affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).