Housing (Scotland) Act 1988

[^key-c9577c1c27f88b788fae3f8c9a492932]: S. 34 modified (temp. until the end of 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 2(1)(2)(7) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2)

[^key-ca99d2791b19baa445860b06a92849e5]: Sch. 4 para. 11(aa) substituted (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 6(4)

[^key-cb29d86b5f1f0e128bd3c07cecf82e07]: Words in s. 25B(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(7)(a)(ii) (with Sch. 1)

[^key-cbace2f1fcfac4782d6578d1b7d0b5e8]: Word in s. 48(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(b)(iv) (with Sch. 1)

[^key-ce89cd2055fe14f3d927456936845e1f]: Words in s. 1(3)(e) repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), Sch. 2 para. 4(2); S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

[^key-d07583879d287b1754d667805b1fa745]: Words in s. 17(7) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(2)(e)(ii) (with Sch. 1)

[^key-d1d0228b9c05947edbe170ff6095f4f6]: Sch. 4 para. 11C and cross-heading repealed (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), reg. 1(2), Sch. 3; 2020 c. 1, Sch. 5 para. 1(1)

[^key-d4cf898690882f558d8a2282f7876fb6]: S. 20 title substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(f); S.S.I. 2017/330, art. 3, sch.

[^key-d4f63ab261390ffaecd5061c4e26a088]: Words in Sch. 5 substituted (1.12.2017) by virtue of Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(a); S.S.I. 2017/330, art. 3, sch.

[^key-d5b1fea56ab1c04613355d703d8a346e]: Words in s. 12(1A) substituted (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017 (S.S.I. 2017/346), regs. 1(1), 4(2)

[^key-d5e9290498598cfb457a561db4edb22f]: Words in s. 31A(1)(a) substituted (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017 (S.S.I. 2017/346), regs. 1(1), 4(3)

[^key-d64aa053e8cb2e07242ce8a837323e0d]: Words in s. 48(1) omitted (1.12.2016) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(a) (with Sch. 1)

[^key-dc6a6c5b41e72f0e78976466523ec215]: Sch. 5 modified (temp.) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 5(4) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2)); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)

[^key-dcbd81d854300d3ab26e2eee368314eb]: Words in s. 18(4A)(a) renumbered as s. 18(4A)(a) (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 47(2)(a)(i), 59(1)

[^key-dda83321d5e64553f858cfb518ace94b]: S. 12(1A) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 1(3); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)

[^key-ddba0be43dbee65ab55bacbcb7101709]: S. 53(2) modified (temp. until the end of 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 2(1)(2)(8) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2)

[^key-ddda786514b671f5dbfa2e59cbf142b4]: Words in s. 20(4) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(d)(i); S.S.I. 2017/330, art. 3, sch.

[^key-dec657367451b73698179af388bdaaf8]: Words in s. 25B(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(7)(c)(iii) (with Sch. 1)

[^key-df23df0ffac3f73f830581074148f2d6]: S. 2(8)(9) repealed (1.4.2010) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 7 (with s. 193); S.S.I. 2009/122, art. 3

[^key-e0ec04b32083f9853f1eb2f5497387d8]: Words in s. 34(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(9)(a)(ii) (with Sch. 1)

[^key-e3a7e6e9807d3e1fa68fb84b10bf9ff0]: Words in s. 20(2) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(b)(i); S.S.I. 2017/330, art. 3, sch.

[^key-e3f75c898b101a60243604fcd9350086]: Words in s. 32(4) repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 2(2)(b)(ii); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)

[^key-e40a1b9d3ad6af866c38f8f6254d5f85]: Words in s. 12(1) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 1(2); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)

[^key-e41a74f245132e14dfc586ebb0a4fdc1]: Words in s. 17(5) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(2)(d)(i) (with Sch. 1)

[^key-e42dc95780e915698411b3d46bb86249]: Word in s. 33(1) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(5)(a), 59(1)

[^key-e85876e2f250b2f94529e12d19682965]: Words in s. 34(4)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(9)(c)(ii) (with Sch. 1)

[^key-e897e11bfc35c34898a39cc9f684f858]: Words in s. 22(2) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 39(b); S.S.I. 2017/330, art. 3, sch.

[^key-e9b8a3d3044e2ab18dcfbaf535d9e936]: Words in s. 33(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 44(a)(i); S.S.I. 2017/330, art. 3, sch.

[^key-eb88f90f99e079aa035cfab743db2a49]: Words in s. 20(3) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(c)(i); S.S.I. 2017/330, art. 3, sch.

[^key-ecfb2982d30897fd5eb58441b8bb245b]: Words in s. 31(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 56(2); S.S.I. 2005/604, arts. 2(c), 4

[^key-ee6b065eddcf6ba51e5918eee2700df7]: Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

[^key-ef6eaacbe9c4208b2f5d944f4c7186a0]: Sch. 9 para. 12 repealed (1.4.2010) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 7 (with s. 193); S.S.I. 2009/122, art. 3

[^key-f132cb836e7b31d121184bdd783720ff]: Words in s. 18(4) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 35(d)(i); S.S.I. 2017/330, art. 3, sch.

[^key-f1df95debd0f135ff3584b340e5f85de]: Word in Sch. 5 para. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(iii); S.S.I. 2017/330, art. 3, sch.

[^key-f2437b4ef2214dbe5af8b0eb1a1dbf30]: Words in s. 32(3) repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 2(2)(a)(ii); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)

[^key-f7df776e5f4ddc0763ca56d83610d4b5]: Words in s. 18(6)(a) inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 100(b), 145(2); S.S.I. 2004/420, art. 3, Sch. 1 (with art. 4(3)(4))

[^key-f8df535cec0adc7f6f6f7527fb975140]: Words in Sch. 5 para. 3(1)(a) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(e); S.S.I. 2017/330, art. 3, sch.

[^key-f9666ec15f0e9a74567594e4bae95f69]: Words in s. 28(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 41; S.S.I. 2017/330, art. 3, sch.

[^key-f9eed08cd4b9f66c7dbf8be5d526dc99]: Word in Sch. 5 para. 2(b) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(ii); S.S.I. 2017/330, art. 3, sch.

[^key-fa6eb01cbcec65caebcf8b3121892165]: Words in s. 18(4A) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 35(e); S.S.I. 2017/330, art. 3, sch.

[^key-fc8176824c71d54f4e58fb3b625f77e8]: S. 25 modified (temp. until the end of 31.3.2025) (1.4.2024) by The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 3(1)(2) (with reg. 1(2)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2)

[^key-fdcf477a19ce33257921b817272bc188]: S. 36(4A) inserted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 45(a); S.S.I. 2017/330, art. 3, sch.

[^key-fef45deea374312dcc5c7c593cd8d622]: Words in s. 33(4) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 44(b); S.S.I. 2017/330, art. 3, sch.

[^key-ff9134819779e6cb4536d85d6d58bd70]: Words in s. 48(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(b)(ii) (with Sch. 1)

[^M_C_744654e8-be78-41a8-cf6c-98b126c2c36c]: S. 19 modified (temp.) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 5(3) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)))

[^M_F_36696910-2108-4896-fc96-c18b46532e29]: Ss. 25ZB, 25ZC treated as inserted (temp. until the end of 31.3.2025) (1.4.2024) by virtue of The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 3(1)(3) (with reg. 1(2)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2)

[^M_F_4b64ffa5-4699-4609-db19-835390dd1c60]: Ss. 24A-24K treated as inserted (temp. until the end of 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 2(1)(2)(5) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2)

[^M_F_f8e0309a-4987-4eef-e1f3-d6a96fb576c2]: S. 23A treated as inserted (temp. until the end of 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 2(1)-(3) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2)

Assured tenancies: transitional provisions

11A

A tenancy granted, for a term of less than 6 months, to a person—

• (a) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c.49), or

• (b) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.

11A

A tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.

...

11C

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19A

• (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).

Accommodation for offenders

For the purposes of this Ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

Power of development corporations to dispose of housing land.

For the purposes of this Ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

30A

• (1) A person who is to be the landlord under an assured tenancy (of whatever duration) must provide the person who is to be the tenant of that tenancy with the documents specified by virtue of section 30B(1) (“the standard tenancy documents”).

• (2) The standard tenancy documents must be provided no later than the date on which the assured tenancy commences.

• (3) Where there are to be joint landlords under the tenancy, the duty under subsection (1) may be satisfied by any one of them.

• (4) A person under the duty mentioned in subsection (1) who (without reasonable excuse) does not comply with that duty is guilty of an offence.

• (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (6) Where an offence under subsection (4) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or similar officer of the body, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

30B

• (1) The Scottish Ministers may by order—

• (a) specify the documents to be provided under section 30A(1) which may, in particular, include—

• (i) documents containing information about the tenancy;

• (ii) documents containing information about the house;

• (iii) documents containing information about the person who is to be the landlord;

• (iv) documents containing information about the rights and responsibilities of tenants and landlords;

• (v) copies of documents which the person who is to be the landlord is under a duty to provide by virtue of this Act (other than section 30A(1)) or any other enactment;

• (b) make such further provision about the documents as they think fit, including, in particular, provision about the form of, and the information to be included in (or excluded from), any of the documents;

• (c) make provision so that the giving of a document (or copy of a document) specified under subsection (1)(a)(v), either in pursuance of the duty under section 30A(1) or by virtue of another provision of this Act or any other enactment, has the effect of satisfying all or any such obligations;

• (d) make provision about whether the documents may be provided separately or whether they must all be provided at the same time.

• (2) Before making an order under subsection (1), the Scottish Ministers must consult—

• (a) such persons and bodies as they consider representative of the interests of—

• (i) tenants;

• (ii) private sector landlords;

• (iii) persons who act as agents for such landlords,

as they consider appropriate; and

• (b) such other persons or bodies as the Scottish Ministers consider appropriate (which may include tenants, private sector landlords and persons who act as agents for such landlords).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accommodation for offenders

31A

• (1) Subsection (2) applies where—

• (a) a sole tenant under an assured tenancy dies on or after 1 December 2017 , and

• (b) an individual succeeds to the tenancy.

• (2) As soon as the individual becomes the tenant, the tenancy—

• (a) ceases to be an assured tenancy (if, but for this section, it would have been one), and

• (b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.

Phasing out of assured tenancies

46A

• (1) The landlord and the tenant under an assured tenancy may agree that on a day specified by them, the tenancy will cease to be an assured tenancy.

• (2) On the day specified by the landlord and the tenant under subsection (1), the tenancy—

• (a) ceases to be an assured tenancy, and

• (b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”).

• (3) But an agreement under subsection (1) is of no effect if, for a reason other than the tenancy being an assured tenancy, it is one which schedule 1 of the 2016 Act states cannot be a private residential tenancy.

23A

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24A

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24B

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24C

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24D

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24E

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24F

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24G

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24H

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24I

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24J

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Liability for underpaid rent

24K

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Determination of rent by the First-tier Tribunal

25ZA

• (1) On or in anticipation of the expiry or suspension of paragraph 2 of schedule 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022, the Scottish Ministers may by regulations amend or repeal the provisions of this Part in connection the determination of the rent payable under an assured tenancy or a short assured tenancy by the First-tier Tribunal.

• (2) Regulations under subsection (1) may in particular make provision—

• (a) about the basis on which the rent is to be determined by the First-tier Tribunal which may include—

• (i) matters to be taken into account in determining the rent,

• (ii) matters to be disregarded in determining the rent,

• (iii) assumptions to be made in determining the rent,

• (b) limiting the rent that may be determined to an amount that is no more than the rent proposed in accordance with section 24(1) leading to the referral to the First-tier Tribunal,

• (c) about the procedure relating to referral to the First-tier Tribunal.

• (3) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—

• (a) must consult such persons as appear to them to represent the interests of tenants and landlords under assured tenancies and short assured tenancies, and

• (b) may consult any other person they consider appropriate.

• (4) Regulations under subsection (1) are subject to the affirmative procedure.

Right conferred by Part III.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.

25ZB

• (1) Where the First-tier Tribunal is to determine the rent under the tenancy under section 25(1), the determination is to be made on the basis that the rent is the lowest of—

• (a) the proposed rent,

• (b) the open market rent,

• (c) where the market difference is more than 6%, the permitted rent.

• (2) The permitted rent is—

• (a) where the market difference is less than 24%, the calculated amount,

• (b) where the market difference is 24% or more, 12% more than the current rent.

• (3) The calculated amount is the amount (to the nearest £1) determined using the formula—

$$Amount £=C×106%±D%-6%3$where— C is the current rent, D% is the market difference expressed as a percentage.$

• (4) In this section—

• “the proposed rent” means the new rent proposed in the notice served under section 24(1) which prompted the referral,

• “the current rent” means the rent under the tenancy immediately before the date on which the rent would have been increased in accordance with section 24(3) had a referral to the First-tier Tribunal not been made,

• “the market difference” means the percentage figure (to the nearest two decimal places) determined using the formula—$The market difference expressed as a percentage D%=M-CC×100%$Where— C is the current rent, M is the open market rent,

• “the open market rent” means the rent determined in accordance with section 25ZC.

25ZC

• (1) Where the First-tier Tribunal is to determine the open market rent for the purpose of section 25ZB, the determination is to be made on the basis that it is the rent at which, subject to subsections (2) and (3), 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 relevant notice relates,

• (b) the terms of which (other than those relating to rent) are the same as those of the tenancy to which the relevant 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, as have been given (or have effect as if given) in relation to the tenancy to which the relevant notice relates.

• (2) In determining the open market rent under subsection (1), the First-tier Tribunal is to disregard 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 the tenant unless the improvement was carried out in pursuance of the terms of the tenancy,

• (c) a failure by the tenant to comply with any terms of the tenancy.

• (3) 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 as if the rates were not so borne.

• (4) 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,

• “relevant notice” means the notice under subsection (1) of section 24 that prompted the referral to the First-tier Tribunal under subsection (3)(a) of that section.

• (5) This section applies in relation to a short assured tenancy as if, in subsection (1), the reference to an assured tenancy were a reference to a short assured tenancy.

Persons by whom right may be exercised.

For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.