A letting of all or part of a house made after 2 January 1989 is normally an assured tenancy as long as it is the tenant's only or principal home. But it will not be an assured tenancy if it comes within one or more of the exceptions listed in the answers to question 2. It makes no difference whether the house or part of the house let is furnished or unfurnished. The Housing (Scotland) Act 1988 gives assured tenants protection from eviction ('security of tenure'), and in certain circumstances they can ask the rent assessment committee to determine a market rent for the house they are renting. These matters are explained in more detail later in this booklet.

1. a tenancy entered into or resulting from a contract made before 2 January 1989
2. a tenancy with no rent or a rent of less than £6 a week or its monthly or yearly equivalent
3. a tenancy of a house which is also a shop or is licensed to sell alcohol for consumption on the premises
4. a house which is let together with more than 2 acres of agricultural land
5. a tenancy of a house which forms part of an agricultural holding and the house is occupied by the person responsible for farming the holding
6. a letting by a university, central institution, or other specified educational institution for a student pursuing a course of study there or at another specified educational institution
7. a letting for a holiday
8. a tenancy where the landlord is a 'resident landlord'. (The meaning of a 'resident landlord' is briefly that the landlord's only or main home must, immediately before the tenancy starts, and at all times during the tenancy, be in the same building as the house or rooms which the tenant is renting; and there must be a direct access, such as a doorway, between the landlord's part of the house and the tenant's part)
9. a letting by the Crown or a government department
10. a letting by a local authority, Scottish Homes or a co-operative housing association
11. a tenancy under a shared ownership agreement; a right to occupy the house because of an agreement which does not create a tenancy - for example, because all the accommodation is shared with someone occupying it under a separate agreement. (The difference between a tenancy and some other form of agreement is not always straightforward. Even if the agreement is not called a tenancy agreement it may in fact be one, for example, if a tenant has the exclusive use of one room, possibly a bedroom, but shares all the other accommodation, a tenancy will exist)
12. a tenancy on a temporary basis for homeless persons

A letting starting after 2 January 1989 will be a regulated tenancy and not an assured tenancy where:

• a regulated tenant is moving to a house owned by the same landlord; or
• a regulated tenant (original tenant) has died and the tenancy passes on to his spouse as a statutory regulated tenancy; or
• a regulated tenant is moved into suitable alternative accommodation - but the sheriff orders that the alternative accommodation must be let on a regulated tenancy.

If you have been a regulated tenant and you are uncertain about a new let being offered on an assured tenancy you should get legal advice.

A short assured tenancy is a special type of assured tenancy. It gives special rights to the landlord to repossess a house he has let (see question 12) and special rights to the tenant to apply to a rent assessment committee for a rent determination (see question 45). A short assured tenancy must be for at least 6 months. A landlord must give to the tenant before any tenancy agreement is signed a notice (notice AT5) stating that the tenancy on offer is a short assured tenancy. Details of where to obtain copies of this notice are given under useful addresses (If at the end of one short assured tenancy the landlord offers the same tenant another short assured tenancy of the same house, he need not serve another notice AT5 and the new tenancy may be for less than 6 months).

An assured tenancy cannot be changed into a short

assured tenancy unless:

• the landlord gains possession of the house let on an assured tenancy and re-lets it to the same tenant as before, but this time on a short assured tenancy; or
• landlord and tenant agree to the change.

The assured tenancy offered by a landlord at the beginning of the tenancy will be a contractual assured tenancy for a set period of time. In other words, the landlord and tenant will make an agreement or ‘contract' which will set out the terms and conditions on which the letting is made.

A statutory assured tenancy begins when the contractual assured tenancy is brought to an end by the landlord serving a notice to quit on the tenant. (It is important to understand that a notice to quit does not necessarily mean that the tenant must leave: see question 19). If the tenant continues to stay in the house after the contractual assured tenancy has been ended by a valid notice to quit, and if he does not agree to a new contractual tenancy with his landlord, the tenancy automatically becomes a statutory assured tenancy. It is called this because the tenant's right to remain in possession of the house derives from 'statute' (a law made by Parliament) and not from a contract. A statutory assured tenancy can also result when a tenant has succeeded to an assured tenancy (see question 32).

Be clear about which of these two types of tenancy exists at a particular time because, as is explained later the type of tenancy can affect the rights and responsibilities of both tenant and landlord.

Yes. The landlord must:

• draw up a written document setting out the terms of the assured or short assured tenancy;
• give a copy of the document to the tenant; properly executed by the tenant and himself (for example, signed before a witness);
• not charge the tenant anything for the document. A tenant who does not have a written document or who believes his written document does not fairly reflect the terms of his tenancy can apply to the sheriff to have a document drawn up or to have the existing one adjusted.

That is a matter for tenant and landlord to agree upon

(1) but it should at least cover:

1. the length of the tenancy;
2. the rent, and when and how it is to be paid and how any rent increases are calculated or otherwise decided on;
3. who is responsible for internal decoration and internal and external repairs and maintenance; and
4. any condition or restriction on the use of the property; and

(2) it cannot take away certain minimum rights and responsibilities for both landlord and tenant.

Yes, but the landlord and tenant must agree and this may mean that a new tenancy begins. Either the tenant or landlord may, if he is unhappy with the other's proposals and cannot come to an agreement with him, on something acceptable to both of them, refer the notice to a rent assessment committee. An application to the rent assessment committee must be made within 3 months of the notice AT I being served. If no application is made, the proposed new terms will automatically take effect. If the matter is referred to the rent assessment committee, they will decide whether the proposed new terms or some other terms should apply. The terms decided by the rent assessment committee will then become the terms of the tenancy unless the tenant and the landlord finally agree - even at this stage - on something different. Any agreed variation to the terms decided by the rent assessment committee should be recorded in writing, as for a contractual assured tenancy.

At the end of a contractual assured tenancy (that is after a notice to quit has been issued) either the tenant or landlord may propose new tenancy terms and a new rent to apply to the statutory assured tenancy which will then begin. If a tenant wants to do this, he must serve upon the landlord a notice AT I (T) within one year of the end of the contractual assured tenancy. If it is the landlord who wishes to propose new terms for the statutory assured tenancy, he must serve a Notice AT 1 (L) on the tenant within the same one year period.

Yes, but the details depend on whether the tenant has a short assured tenancy or not.

If he has an assured tenancy which is not a short assured tenancy, then he has security of tenure even when his contractual assured tenancy is ended. He need not leave his home unless the court grants an order which allows the landlord to repossess the house. The circumstances in which the court can grant an order are limited (see questions 28, 29, 30 and 31).

Only during the agreed period of the let. During that time, a tenant with a short assured tenancy cannot be evicted as long as he does not break any of the tenancy conditions. At the end of the agreed period the landlord has the right to apply for repossession if he wants. But the tenant can still stay on until the court grants the landlord an order for possession.

No

He must do 3 things:

1. serve on the tenant a notice to quit [if the tenancy is a statutory assured tenancy, this will almost certainly have been done when the original contractual tenancy was terminated - it may not have been if the statutory assured tenancy arises through succession (see question 32)]
2. serve on the tenant a notice of proceedings indicating he is taking proceedings to gain possession; and
3. obtain an order for possession from the sheriff court.

It is a criminal offence for anyone to turn a tenant out of his home without a Court Order or to try to make him leave by intimidation, violence, withholding services such as gas or electricity, or any other sort of interference. [It is not a legitimate excuse for a landlord to say that he did not intend his actions to harass his tenant or force him to leave. An offence will still have occurred if he should have known that his actions would be taken by the tenant to be harassment to make him leave]. If anyone tries to force a tenant to leave his home by intimidation or any other form of harassment, the tenant should contact the police immediately.

A landlord found guilty of illegal eviction may be liable to pay damages to the evicted tenant. The level of damages will be based on any financial benefit to the landlord from having a house with vacant possession instead of a house with a sitting tenant.

All this applies to short assured tenancies as well as to other assured tenancies.

A notice to quit is a written document served by a landlord on a tenant or by the tenant on a landlord, which has the effect of bringing the contractual tenancy between them to an end at the date on which they agreed that it would end.

A notice to quit is a written document served by a landlord on a tenant or by the tenant on a landlord, which has the effect of bringing the contractual tenancy between them to an end at the date on which they agreed that it would end.

if: -

1. the landlord has not served a notice to quit;
2. the last date as agreed between the landlord and the tenant of a tenancy has arrived; and
3. the tenant does not leave voluntarily, the principle is that the tenancy simply continues at common law, on exactly the same terms as before that date and for the same period, except that if the original tenancy was for more than one year the tenancy will continue for only a year at a time.

A notice to quit cannot take effect before the expiry date of the tenancy agreement.

No. in spite of the name of a notice to quit, the tenant does not have to leave just because one has been served. He may continue in occupation until the landlord obtains an order for possession.

A landlord may not intend to seek such an order but may simply be serving the notice so as to bring a contractual assured tenancy to an end and bring a statutory assured tenancy into being. He may do this, for example, as a first step to allowing him to propose new tenancy terms or to seek an adjustment in rent .(see questions 9 and 45). if a landlord intends to seek possession of a tenant's house he has to serve on the tenant another notice, a notice of his intention to start possession proceedings. He is likely to do this at the same time as he serves a notice to quit.

No, but to be valid a notice to quit:

1. must be in writing;
2. must give a period of notice after which it will become effective (see question 22 for how long this period of notice has to be);
3. must make it clear that, even after the period of notice given has run out, the landlord must get an order for possession from a court before the tenant can lawfully be evicted. An order for possession will be either what is technically known as a decree of removing or a warrant of ejection; and
4. must explain that the effect of the notice to quit is that the contractual assured tenancy will be brought to an end at the end of the period specified in the notice but that it will at once be replaced by a statutory assured tenancy, and that the landlord will be able to propose new terms for the tenancy or a different rent, or both. If a notice to quit served by a landlord does not contain the information at b. to d. it will be invalid, and the tenancy will not be ended until a valid notice to quit is served.

Yes. In this case the tenant is giving his landlord notice that he (the tenant) intends to give up the tenancy at the end of the period of notice given in the notice to quit. (If a tenant does not serve a notice to quit on his landlord, he may have to go on paying rent although he has left his former house.) A notice to quit served by a tenant must, like one served by a landlord, be in writing and must give the landlord at least the shortest period of notice allowed by the law (see question 22). But it does not have to contain all the information listed under question 20. A tenant who serves a notice to quit on his landlord, should be aware of the possibility of the landlord seeking repossession of the house because of ground 10 in Schedule 5 to the Housing (Scotland) Act 1988 (see question 31).

If the house is let:

• by the week, fortnight or month, at least 4 weeks;
• by the quarter (3 months), at least 31 days;
• by the year, at least 40 days

A longer period of notice than the above may be written into the tenancy agreement between tenant and landlord if they wish but the period of notice cannot be any shorter no matter what the tenancy agreement says.

Yes. But ending the tenancy agreement by itself is not enough to oblige the tenant to leave. If the landlord also wants the tenant to leave, he must go on and do the 2nd thing i.e. serve a notice of proceedings for possession and, eventually, the third thing, obtain a court order.

This notice informs a tenant that the landlord intends to start proceedings in court to obtain a court order for possession of his home. It must:

• set out the ground or grounds on which the landlord is seeking possession; and
• give particulars of the ways in which he believes that the ground or grounds apply.

Yes, if the tenant has an assured tenancy which is not a short assured tenancy a special notice (notice AT6) must be used.

If a tenant has a short assured tenancy which has expired, the notice need not be an AT6, although it can be used.

• if the notice specifies:
  • any of the grounds, 1, 2, 5, 6, 7, 9, or 17 (see question 30); or
  • the landlord is seeking possession because a short assured tenancy has expired, the proceedings cannot be started earlier than 2 months from the date of the notice;
• in any other case, two weeks’ notice must be given.

If a landlord serves a notice of proceedings and a notice to quit at the same time a tenant will have 28 days’ notice since a notice to quit must give at least 28 days’ notice.

A notice AT6 has no effect 6 months after the earliest day on which the proceedings could have been started. This means that under subparagraph a. of paragraph 26 the notice is valid 2 months plus 6 months and under subparagraph b of paragraph 26 - 2 weeks plus 6months from the date on which it is served on the tenant.

The court will be able to grant an order if the landlord can establish that:

• one of the grounds for possession as set out in the Housing (Scotland) Act 1988 applies; or
• the tenancy is a short assured tenancy which has been terminated by a notice to quit.

The grounds are set out in Schedule 5 to the Housing (Scotland) Act 1988.

Grounds 1 to 8 are mandatory grounds: that is, if they are established, the sheriff must grant an order for possession.

Grounds 9 to 17 are discretionary grounds: that is, even if they are established the sheriff will grant an order for possession only if he believes it is reasonable to do so.

If one of the following grounds is established the court must grant the landlord an order for possession.

Ground 1: either:

• the house was the landlord's only or principal home at any time before the tenancy was granted; or
• the landlord needs the property for himself or his spouse for use as the principal home of one or both of them and did not become the landlord through buying the house or otherwise acquiring it for value.

This ground will apply only if the landlord gave the tenant notice in writing before the beginning of the tenancy that possession might be recovered on this ground, unless the Sheriff judges it to be reasonable to dispense with this requirement.

Ground 2: There is a mortgage over the house and the lender, for example a bank or building society, is entitled to sell the house because the landlords have not abided by conditions of the mortgage.

This ground will apply only if the landlord gave the tenant notice in writing before the beginning of the tenancy that possession might be recovered on this ground unless the Sheriff judges it to be reasonable to dispense with this requirement.

Ground 3: The house or room was let for a specified period of 8 months or less and was occupied for a holiday during the previous 12 months. (This is likely to be an off season letting of a house which is normally let for holidays during the high season).

This ground will apply only if the landlord gave the tenant notice in writing before the beginning of the tenancy that possession might be recovered on this ground.

Ground 4: The house or room was let for a specified period of 12 months or less and was let to a student by a university, central institution, or other specified educational institution during the previous 12 months. The educational institutions concerned are specified by the Secretary of State. (A bit like ground 3, this is likely to mean that the accommodation has been let by the university or other similar educational institution only because for a time it was not needed for students - for example, out of term-time.)

This ground will apply only if the landlord gave the tenant notice in writing before the beginning of the tenancy that possession might be recovered on this ground.

Ground 5: The house or room is normally held for use by a minister or full-time lay missionary in connection with his work and the sheriff is satisfied that the house or room is again required for this purpose.

This ground will apply only if the landlord gave the tenant notice in writing before the beginning of the tenancy that possession might be recovered on this ground.

Ground 6: The landlord needs to have possession in order to carry out demolition or reconstruction or substantial works on the house, and the work can be carried out only if the tenant gives up possession, or (if the work could have been carried out if the tenant agreed either to a change in the terms of his tenancy or to accept a tenancy of only part of the house) the tenant has refused the alternative. If possession is granted on this ground the landlord must pay the tenant reasonable expenses for removing.

This ground will not apply if the landlord became the landlord after the beginning of the tenancy by buying the house or otherwise acquiring it for value.

Ground 7: The tenancy has been succeeded to by the new tenant under the will or intestacy (disposal of property where no valid will was left) of the original tenant. If possession is sought on this ground, proceedings must begin within 12 months of the death of the original tenant or of the date on which the landlord learned of his death. The acceptance of rent from a new tenant will not affect the landlord's right to repossess unless he agrees in writing to a new rent or to a change in the tenancy agreement. This ground does not apply if a spouse inherits the tenancy under the will or intestacy of a tenant who was the original tenant (that is someone who did not himself succeed to the tenancy).

Ground 8: At least 3 months’ rent is in arrears both on the date on which the notice of proceedings was served and at the date of the court hearing.

If one of the following grounds is established the sheriff may grant the landlord possession, but only if he believes it is reasonable to do so.

Ground 9: Suitable alternative accommodation is available or will be available for the tenant when repossession takes place. What does this involve?

• A certificate signed by a recognised official of a local authority or Scottish Homes stating that the body concerned will provide suitable alternative accommodation by a certain date will be accepted by the sheriff as conclusive evidence that suitable alternative accommodation is available; or
• If that type of certificate cannot be provided then:
  1. an assured tenancy of a separate house with a reasonably similar degree of security of tenure is made available, and is suitable to the tenant and his family in how near it is to the place of work of the tenant and is suitable in its size and rent; and
  2. the alternative accommodation would not be overcrowded after the tenant and his family take up residence.

If the landlord is granted possession on this ground, he must pay the tenant's reasonable expenses of removing.

Ground 10: The tenant has given a notice to quit which has expired and yet has stayed on in the house. An order for possession on this ground must be sought by the landlord not later than 6 months after the expiry of the notice to quit.

Ground 11: The tenant has persistently delayed paying rent. This ground still applies even if the tenant is not in arrears at the start of court proceedings.

Ground 12: Some rent is unpaid at the start of court proceedings and at the time of serving of the notice of proceedings.

Ground 13: Any obligation of the tenancy other than the obligation to pay rent has been broken by the tenant.

Ground 14: The tenant has allowed or caused damage to the house or common parts of the building in which the house is situated.

Ground 15: The tenant or anyone living with him has caused a nuisance or annoyance to neighbours or has been convicted by a court of immoral or illegal use of the premises.

Ground 16: The tenant has damaged the furniture or allowed it to become damaged.

Ground 17: The house was let to the tenant because he was employed by the landlord and the tenant is no longer employed by the landlord.

General

If the husband or wife or anyone living as husband or wife of an original tenant (an 'original tenant' being someone who has not himself or herself succeeded on the death of a tenant to the tenancy) was living in the house immediately before the tenant died, he or she must get the tenancy, which will be a statutory assured tenancy (see question 6).

But, for example the tenancy cannot be passed on after its succession except by agreement between landlord and tenant. For example, when negotiating tenancy terms with a landlord a tenant should, if he wants to, try to agree with the landlord on some succession rights for his family.

Not necessarily. The spouse may have a right to remain in the house. In these circumstances legal advice should be sought

Possibly. A tenancy agreement may permit sub-letting or may prohibit it. If sub-letting is not covered in a tenancy agreement, a tenant should consult his landlord to obtain his consent to sub-let.

A possession order granted by the sheriff does not extend to any lawful assured sub-tenant. In these circumstances the sub-tenant will become a direct tenant of the landlord and continue to have security of tenure, on the same terms as he had before.

In assured tenancies the level of rent is negotiated between tenant and landlord and will depend on a variety of factors including the type of house; where it is located; whether it is furnished or unfurnished; its general condition; the services provided by the landlord; and the demand for accommodation in the area. Basically, the rent will depend on what the tenant is prepared to pay and on what the landlord is prepared to accept. In other words, it will be market rent.

But some landlords, for example, housing associations, which will be subsidised, will be able to negotiate rents which are below other assured tenancy rents; in certain circumstances a rent assessment committee can be asked to determine what the market rent would be.

A market rent is simply the level of rent that a landlord would accept and a tenant would pay for the tenancy of the house. It is likely to be close to the rent being charged for similar assured tenancies of similar houses, in similar locations.

No. The registration of 'fair rents' applies only to regulated tenancies, Part VII contracts and tenancies from registered housing associations commencing before 2 January 1989 (see question 3).

Either landlord or tenant should be able to learn about the usual level of rents in the area by looking at the accommodation to let' section of the local newspaper and by making enquiries. In addition, the rent assessment committee keeps, and makes available to the public, information on rents charged for assured tenancies which it collects in performing its duty of determining market rents (see questions 48 and 58).

This is a matter for agreement between landlord and tenant. Rent may be paid weekly, monthly, annually or for some other period and by cash, cheque or by some other method. The important point is that both tenant and landlord should. Be clear about when and how payments should be made. Tenants should be given some form of proof of payment

Only if the rent is payable weekly. If the landlord of a tenant who pays rent weekly does not supply a rent book he is liable to a fine of up to £2,500.

No, but under the Assured Tenancies (Rent Book) (Scotland) Regulations 1988 it must contain a notice with the following information:

• the landlord's name and address;
• the amount of rent to be paid; and
• a summary of the basic rights that a tenant has under the Housing (Scotland) Act 1988as specified in the regulations.

From law stationers and through most big stationery stores.

If they both agree, landlord and tenant can settle on a change in the rent at any time: no-one else needs to be involved although either landlord or tenant may wish to seek professional advice. Most written tenancy agreements covering tenancies for a year or more are likely to include a way of changing the rent after a stated period. For example, landlord and tenant might agree to increase rents annually, by the level of inflation or by a certain percentage.

Yes. Not every tenant and landlord will be able to agree on a method of increasing rents and some landlords and tenants may wish to change earlier agreements but cannot agree how this should be done. The 1988 Act therefore lays down three specific circumstances in which rent adjustments can be sought. These are:

1. Within one year of the creation of a statutory assured tenancy (see question 6) either landlord or tenant may propose new tenancy terms and, if he wishes, also an adjustment to the rent to reflect the new terms. A landlord should do so by serving a notice AT I (L) on his tenant. A tenant should do so by serving notice AT 1 (T) on his landlord.
2. The landlord may propose a rent increase to take effect at any time during a statutory assured tenancy though not more often than once a year by serving a notice AT2 on the tenant.
3. A tenant under a short assured tenancy may use form AT4 to apply to the rent assessment committee for a determination of a market rent. The rent assessment committee may then change the rent. Details of where to obtain notices and forms are given under useful addresses.

If the adjustment is in circumstance (A) (adjustment to reflect change of other terms) then a landlord must give 3 months’ notice.

1. If the adjustment is proposed in circumstance (B) (rent increase during statutory assured tenancy) then the amount of notice depends on the length of the tenancy. If the tenancy is for 6 months or more, then the landlord must give 6 months’ notice. if the tenancy is for less than 6 months, then the landlord must give a period of notice equal to the full duration of the tenancy, but never less than one month.
2. In the case of circumstance (C) (determination of a rent for a short assured tenancy) the tenant does not have to notify the landlord that he has made an application. The rent assessment committee will ensure that both the landlord and the tenant are given an adequate opportunity to present their views. The rent assessment committee will determine the date on which any new rent is to come into effect.

Yes. If the tenant and the landlord cannot reach agreement on proposed changes in these two circumstances, either tenant or landlord has a right to apply to the rent assessment committee, which will fix a market rent.

In circumstance (A), the rent assessment committee will not change the rent unless it also agrees to a change in the terms of the tenancy.

In circumstance (A) if new terms and a rent change are proposed by a landlord the tenant should complete a form AT3(T) and send it to the rent assessment committee within 3 months of the date of the serving of notice AT I (L); if a tenant proposes new terms and a rent adjustment the landlord should complete a form AT3(L) and sent it to the committee within 3 months of the serving of notice AT 1 (T).

1. In circumstance (B) the tenant should complete a form AT4 and send it to the rent assessment committee. This must be done before the date at which it is proposed the rent increase should take effect: this date will be given in notice AT2.
2. In circumstance (C) (application for a market rent determination by a tenant of a short assured tenancy), details of how to apply to the rent assessment committee are given at question 45. Details of where to obtain forms AT3M, AT3 (L) and AT4 and the address of your local rent assessment committee are given on page 33.

Yes

A rent assessment committee is an independent committee, normally of 3 people: a lawyer, professional surveyor and a lay person.

The rent assessment committee may decide on a market rent on the basis of your written application, and other written evidence, alone. But, more commonly, and certainly if tenant or landlord prefer, they will hold a hearing which is usually in public. The proceedings at a hearing are informal and both sides are given every opportunity to put their case. The committee may sometimes wish to visit the house.

The market rent fixed by the committee will be one which a willing landlord might reasonably expect to obtain for the house if let on the open market on an assured tenancy. The committee will assume that the tenancy is beginning on the date specified in the notice proposing the rent adjustment and that the tenancy terms are as set out in the application to the committee.

In circumstances (A) and (B) the committee will disregard any effect on the rent of the granting of the tenancy to a sitting tenant.

In circumstance (B) the committee will also disregard any improvements carried out by the tenant (unless the improvements were carried out under a tenancy obligation) and any failure by the tenant to comply with any terms of the tenancy.

Both landlord and tenant will be sent a copy of the committee's decision on the rent. This will include their decision on when the new rent should take effect.

No. In circumstance (C) if a tenant in a short assured tenancy applies to the committee because he thinks his rent is too high, the committee will fix a market rent only if they think:

there are enough similar houses in the neighbourhood let on assured or short assured tenancies for them to be able to make comparisons; and

1. that the rent being charged by the landlord is significantly higher than he might reasonably be expected to obtain, given the rents for similar tenancies of similar houses in the area.

There is no right of appeal against actual rent fixed by the committee, but if you think that the committee's decision was wrong on a point of law you may be able to appeal to the Court of Session to have the decision set aside.

A.&B. In circumstances A and B if the application to the rent assessment committee is from either a tenant or a landlord in response to proposals made by the other, the landlord and tenant may vary the rent determined by the committee. But neither landlord nor tenant can impose a variation without the other's agreement.

C. In circumstance C if the application to the committee is from the tenant of a short assured tenancy who wishes a rent determination, the market rent determined by the committee will be the maximum the landlord can charge.

No

Full information on the committee's procedures is in a leaflet 'Rent Assessment Committees and Assured Tenancies' which can be obtained from any of the organisations listed under useful addresses

you can get the information at www.scotland.gov.uk/housing

One year.

Yes. Any assured tenant who has difficulty in affording his rent may apply to his local authority for housing benefit. Leaflets about housing benefit can be obtained from your local authority. A landlord does not need to be told when a tenant applies for, or gets, housing benefit.