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Scotland

Tenancies at a low rent

If a tenancy has a low rent, it may be excluded from some legislative protection.

This content applies to Scotland

Regulated tenancies

Tenancies at a low rent are excluded form the protection of the Rent (Scotland) Act 1984. A low rent is a rent less than two thirds of the rateable value of the property, on the 'appropriate day'. [1] The appropriate day can be one of three dates:

  • 23 March 1965, if the property is on the valuation roll at that time

  • 1 December 1980, if the tenancy was granted before that date in certain tenancies granted by the crown

  • the first date that the property is shown on the valuation roll, after 23 March 1965. [2]

Assured tenancies

In the case of assured tenancies, any tenancy with a rent of less than £6 per week is not an assured tenancy and is therefore excluded from the protection of the Housing (Scotland) Act 1988. Any amount payable on account of services, repairs, maintenance and insurance is ignored for the purposes of determining whether the rent is a low rent. [3]

Last updated: 31 October 2014

Footnotes

  • [1]

    s.2(1)(a) Rent (Scotland) Act 1984

  • [2]

    s.7(3) Rent (Scotland) Act 1984

  • [3]

    sch.4 para.2 Housing (Scotland) Act 1988; Assured Tenancies (Tenancies at a Low Rent) (Scotland) Order 1988 SI 1988/2069