Change 1 Article Choose an article Title and introductory text 1 Protected tenancies. 2 Tenancies excepted from definition of “protected tenancy”. 3 Statutory tenants and tenancies. 3A Statutory tenants and tenancies: further provision as to succession. 3B Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force 4 No protected or statutory tenancy where landlord’s interest belongs to Crown. 5 No protected or statutory tenancy where landlord’s interest belongs to local authority, etc. 6 No protected tenancy where landlord’s interest belongs to resident landlord. 7 Rateable value and the appropriate day. 8 Regulated tenancies. 9 Short tenancies. 10 Premises with business use. 11 Grounds for possession of certain dwelling-houses. 12 Extended discretion of court in claims for possession of certain dwelling-houses. 12A Requirement to notify local authority of proceedings for possession 13 Effect of tenancy being short tenancy. 14 Conditions applying to landlord’s right to recovery of possession. 15 Terms and conditions of statutory tenancies. 16 Payments demanded by statutory tenants as a condition of giving up possession. 17 Change of statutory tenant by agreement. 18 No pecuniary consideration to be required on change of tenant under s. 17. 19 Effect on sub-tenancies of determination of tenancy. 20 Effect on furnished sub-tenancy of determination of superior unfurnished tenancy. 21 Compensation for misrepresentation or concealment in Cases 7 and 8. 22 Unlawful eviction and harassment of occupier. 23 Prohibition of eviction without due process of law. 23A Excluded tenancies and occupancy rights. 24 Special provisions with respect to agricultural employees. 25 Interpretation. 26 Application to Crown. 27 Application to sheriff 28 Limit of rent during contractual periods. 29 Limit of rent during statutory periods 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration. 32 Notices of increase. 33 Limits on rent increases 34 Rent agreements. 35 Rent agreements: special provisions following conversion. 36 Failure to comply with provisions of rent agreements. 37 Recovery from landlord of sums paid in excess of recoverable rent, etc. 37A Extension of time limits for recovery from landlord: cross-border mediation 38 Onus on landlord. 39 Rectification of rent books in light of determina-tion of recoverable rent. 40 Adjustment for differences in lengths of rental periods. 41 Regulations. 42 Interpretation of Part IV. 43 Registration areas and rent officers. 43A Rent registration service providers. 43B Supplementary provisions regarding rent registration service providers. 43C Rent registration service providers: restrictions on disclosure of information. 44 Private rented housing committees. 45 Register of rents. 46 Applications for registration of rents. 47 Certificates of fair rent. 48 Determination of fair rent. 49 Amount to be registered as rent. 49A Transitional applications: regulated tenancies 50 Effect of registration of rent. 51 Cancellation of registration of rent. 52 Cancellation at instance of landlord. 53 Regulations. 54 Interpretation of Part V. 55 Tenancies to which sections 55 to 59 apply. 56 Rents to be registrable under Part V. 57 The rent limit. 58 Phasing of progression to registered rent. 59 Increase of rent without notice to quit. 60 Supplemental to sections 55 to 59. 61 Interpretation of Part VI. 62 Registration areas for purposes of Part VII. 63 Part VII contracts. 64 Dwelling-houses to which Part VII applies. 65 References of contracts to the First-tier Tribunal and obtaining by it of information. 66 Powers of the First-tier Tribunal on reference of contracts. 66A Transitional references of Part VII contracts 67 Register of rents under Part VII contracts. 68 Reconsideration of rent after registration. 69 Effect of registration of rent. 70 Cancellation of entries in register at instance of landlord. 71 Notice to quit served after reference of contract to the First-tier Tribunal. 72 Application to the First-tier Tribunal for security of tenure where notice to quit is served. 73 Notices to quit served by owner-occupiers. 74 Reduction of period of notice on account of lessee’s default. 75 Power of First-tier Tribunal, in action for possession, to reduce period of notice to quit 76 Notice to quit relating to later Part VII contracts. 77 Jurisdiction of the First-tier Tribunal. 78 Publication of information. 79 Rent book to be provided. 80 Regulations. 81 Interpretation of Part VII. 82 Prohibition of premiums and loans on grant of protected tenancies. 83 Prohibition of premiums and loans on assignation of protected tenancies. 84 Power to charge premium on assignation of tenancy where premium lawfully charged on earlier assignation. 85 Prohibition of premiums on grant, etc. of Part VII contracts. 86 Excessive price for furniture to be treated as premium. 87 Punishment of attempts to obtain from prospective tenants excessive prices for furniture. 88 Recovery of premiums and loans unlawfully required or received. 89 Avoidance of requirements for advance payment of rent in certain cases. 89A Premiums: regulations 90 Interpretation of Part VIII. 91 Heritable securities to which Part IX applies. 92 Regulated heritable securities. 93 Powers of court to mitigate hardship. 94 Miscellaneous. 95 Release from rent regulation. 96 Provisions where tenant shares accommodation with landlord. 97 Provisions where tenant shares accommodation with persons other than landlord. 98 Application of Part VII to tenancies falling within section 6. 99 Certain sublettings not to exclude any part of sublessor’s premises from protection under the Act. 100 Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies. 101 Landlord’s consent to work. 101A Discriminatory terms relating to children or benefits status 102 Jurisdiction. 103 Application to sheriff. 104 Rules as to procedure. 105 Powers of local authorities for the purposes of giving information. 106 Consent of tenant. 107 Prosecution of offences. 108 Service of notices on landlord’s agents. 109 Rents of subsidised private houses. 110 Restriction on sequestration for rent. 111 Implied condition in all protected tenancies. 112 Minimum length of notice to quit. 113 Rent book to be provided. 114 Service of notices. 115 Interpretation. 116 Application to Crown property. 117 Amendments, trasitional provisions, repeals, etc. 118 Short title, commencement and extent. SCHEDULE 1 Statutory Tenants by Succession Schedule 1A Statutory or Statutory Assured Tenants by Succession in a case to which section 3A(1) applies Schedule 1B Statutory Assured Tenants by Succession in a case to which section 3A(2) applies SCHEDULE 2 Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies SCHEDULE 3 . . . SCHEDULE 5 Applicatons for Registration of Rents SCHEDULE 6 Certificates of Fair Rent SCHEDULE 7 Premium allowed on assignation of Tenancy where Premium lawfully paid on Grant SCHEDULE 8 Enactments Amended SCHEDULE 9 Savings and Transitional Provisions SCHEDULE 10 Enactments Repealed
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28 Limit of rent during contractual periods.
(1) Where the rent payable for any contractual period of a regulated tenancy of a dwelling-house would exceed the limit specified in the following provisions of this section (in this Part of this Act referred to as “the contractual rent limit”), the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.
(2) Where a rent for the dwelling-house is registered under Part V of this Act then, subject to sections 33 . . . below, the contractual rent limit is the rent so registered.
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28 Limit of rent during contractual periods.
(1) Where the rent payable for any contractual period of a regulated tenancy of a dwelling-house would exceed the limit specified in the following provisions of this section (in this Part of this Act referred to as “the contractual rent limit”), the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.
(2) Where a rent for the dwelling-house is registered under Part V of this Act then, subject to sections 33 . . . below, the contractual rent limit is the rent so registered.
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