- a rent agreement with a tenant having security of tenure
means—
- accommodation
includes neither an area used for storage nor a staircase, passage, corridor or other means of access;
- agricultural land
means land used only for agricultural or pastoral purposes or used as woodlands, market gardens, orchards, allotments or allotment gardens and any lands exceeding one-quarter of an acre used for the purpose of poultry farming, but does not include any lands occupied together with a house as a park, garden or pleasure ground or any land kept or preserved mainly or exclusively for sporting purposes;
- benefits and welfare legislation
means— (a) the Social Security Contributions and Benefits Act 1992, (b) the Jobseekers Act 1995, (c) the State Pension Credit Act 2002, (d) the Tax Credits Act 2002, (e) the Welfare Reform Act 2007, (f) the Welfare Reform Act 2012, (g) the Pensions Act 2014, (h) the Social Security (Scotland) Act 2018, • “child” means a person under the age of 18.
- benefits claimant
means a person who— (a) is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or (b) is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), • “benefits and welfare legislation” means— (a) the Social Security Contributions and Benefits Act 1992, (b) the Jobseekers Act 1995, (c) the State Pension Credit Act 2002, (d) the Tax Credits Act 2002, (e) the Welfare Reform Act 2007, (f) the Welfare Reform Act 2012, (g) the Pensions Act 2014, (h) the Social Security (Scotland) Act 2018, • “child” means a person under the age of 18.
- child
means a person under the age of 18.
- contractual period
means a rental priod of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy;
- contractual rent limit
has the meaning assigned to it by section 28(1) above;
- converted tenancy
means a tenancy which became a regulated tenancy by virtue of Part VI of, or paragraph 5 of Schedule 2 to, the Rent (Scotland) Act 1971, section 34 of the Housing (Financial Provisions) (Scotland) Act 1972 or section 46(1) of the Tenants’ Rights, Etc.
- conveyance
includes the grant of a tenancy and any other conveyance or transfer other than upon death;
- Crown interest
means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.
- First-tier Tribunal
means the First-tier Tribunal for Scotland;
- flat
has the same meaning as in section 338 of the Housing (Scotland) Act 1987;
- furniture
includes fittings and other articles;
- heritable security
has the same meaning as in the Conveyancing (Scotland) Act 1924 except that it includes a security consituted by ex facie absolute disposition or assignation and a standard security within the meaning of Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970;
- housing association
has the same meaning as in the Housing Associations Act 1985except that it does not include— (a)................................
- housing authority
means a local authority for the purposes of Part I of the Housing (Scotland) Act 1987, and “district”, in relation to such an authority, means the district for supplying the needs of which the authority has power under that Part of that Act.
- housing trust
means a corporation or body of persons which is required by the terms of its constituent instrument to devote the whole of its funds, including any surplus which may arise from its operations, to the provision of houses and to other purposes incidental thereto.
- improvement
includes structural alteration, extension or addition and the provision of additional fixtures or fittings, but does not include anything done by way of decoration or repair;
- landlord
includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part II of this Act would be, entitled to possession of the dwelling-house;
- let
includes “sub-let”;
- living accommodation
means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient to prevent the tenancy from constituting a protected or statutory tenancy of a dwelling-house.
- local authority
means a council constituted under section 2 of the Local Government etc.
- new registrataion area
means a registration area established under Part VII of the Rent (Scotland) Act 1971 or this Part of this Act on or after 16th May 1975.
- new registration area
means a registration area established under section 37 of the Rent (Scotland) Act 1971 or section 43 above on or after 16th May 1975.
- noted amount
means the amount of the registered rent noted as fairly attributable to the provision of services under section 49(2) above;
- notice of increase
means a notice of increase under section 29(2) or 30(2) above, as the case may require;
- occupier
means, in relation to a tenancy, the tenant and, in relation to a right to occupy, its grantee;
- order for possession
means decree of removing or warrant of ejection or other like order;
- owner
means, in relation to a tenancy, the landlord and, in relation to a right to occupy, the person granting it, and in any case where there are joint landlords or grantors any one of them shall be regarded as the “owner”;
- Part VII contract
has the meaning assigned to it in section 63(7) above;
- premium
means any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge;
- prescribed
means prescribed by regulations made by the Secretary of State by statutory instrument, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- previous rent limit
means—
- rateable value
means such proportion of the rateable value of the premises of which the dwelling-house forms part as may be determined to reflect the relationship between the value of the dwelling-house and the value of the said premises—
- rates
means any charges payable in respect of a rate as defined in the Local Government (Scotland) Act 1947;
- recoverable rent
means rent which, under a regulated tenancy, is or was for the time being recoverable, having regard to the provisions of this Part of this Act;
- registered rent
means the rent registered under Part V of this Act;
- rent agreement
means—
- rental period
means a period in respect of which a payment of rent falls to be made.
- services
has the same meaning as in section 81(1)
- specified
means specified, or of a class specified, for the purposes of that paragraph by regulations made by the Secretary of State by statutory instrument;
- standard amenities
has the meaning given by section 73(6) of the said Act of 2006;
- statutorily protected tenancy
means a protected tenancy or a tenancy to which any of the following Act apply— (i) the Small Landholders (Scotland) Acts 1886 to 1931;
- statutory period
means any rental period of a regulated tenancy which is not a contractual period.
- subtenant
means any person deriving title from the original tenant or from a subtenant, provided that his title has not been granted in contravention of the tenancy agreement.
- succession
means the occasion on which a person becomes the statutory assured tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly.
- tenancy
includes “sub-tenancy”;
- tenancy at a low rent
has the meaning assigned to it by section 2(3) above;
- tenant
includes statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant. •...
- the appropriate day
has the meaning assigned to it by section 7(3) above;
- the conversion
means the time when the tenancy became a regulated tenancy;
- the date of the conveyance
means the date on which the conveyance was granted, delivered or otherwise made effective.
- the dwelling-house
means the aggregate of the premises comprised in the statutory tenancy of the outgoing tenant.
- the standard scale
means the standard scale of fines set out in section 225(1) of the Criminal Procedure (Scotland) Act 1995;
- the statutory maximum
means the prescribed sum as defined in section 225(8) of the Criminal Procedure (Scotland) Act 1995;
- tolerable standard
has the meaning given by section 86 of the Housing (Scotland) Act 1987 (c. 26).
- work
means— but does not include repairs or maintenance of any of these.