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The Private Rented Housing Committee (formally the Rent Assessment Committee) for Scotland is part of the Private Rented Housing Panel (PRHP) and exists to set rents on behalf of either the tenant or landlord and also to determine whether a property comes up to the “Repairing Standard”.

Repairing Standard – see the separate section on this, but basically, to comply a property must meet the following criteria:

• be wind and water tight and reasonably fit for human habitation
• the structure and exterior of the house are in reasonable repair and proper working order (having regard to the house’s age, character and prospective life and the locality);
• the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order;
• any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order;
• any furnishings provided under the tenancy are capable of being used safely for the purpose for which they are designed; and
• there is satisfactory provision for detecting and giving warning of fires.

The committee is drawn from members of the panel itself. The committee is usually made up of a lawyer acting as chairperson, a chartered surveyor and a lay member. Panel lay members come from a diverse range of backgrounds. Many of them are acknowledged experts in housing issues. The Panel is in effect the PRHP.

The committee is drawn from members of the panel itself. The committee is usually made up of a lawyer acting as chairperson, a chartered surveyor and a lay member. Panel lay members come from a diverse range of backgrounds. Many of them are acknowledged experts in housing issues. The Panel is in effect the PRHP. The PRHP is run by a legally qualified President and a Vice President, normally a Chartered Surveyor, and staffed by civil servants seconded from the Scottish Government.

Where there is a statutory assured tenancy (a contractual tenancy terminated by a Notice to Quit) and the landlord serves a notice proposing to increase the rent, (Form AT2) the tenant may refer the notice to the PRHP and ask a Committee to fix an open market rent. The PRHP also deals with appeals by landlords or tenants where the other party has proposed a review of the terms of the tenancy.

A tenant under a short assured tenancy can ask the Committee to decide what the rent should be under section 34 of the Housing (Scotland) Act 1988.

Where there is a statutory assured tenancy (a contractual tenancy terminated by a Notice to Quit) and the landlord serves a notice proposing to increase the rent, (Form AT2) the tenant may refer the notice to the PRHP and ask a Committee to fix an open market rent. The PRHP also deals with appeals by landlords or tenants where the other party has proposed a review of the terms of the tenancy.

A tenant under a short assured tenancy can ask the Committee to decide what the rent should be under section 34 of the Housing (Scotland) Act 1988.

In cases under the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 the prescribed forms must be used. The forms can be downloaded from the Scottish Government website or obtained by contacting the PRHP office.

The different forms are as follows:

Form AT1

There are separate AT1 notices for use by landlords and tenants. The notice (under section 17(2) of the Housing (Scotland) Act 1988) allows parties to propose terms for a statutory assured tenancy which are different from the terms of the former tenancy.

Form AT2 (L)

This is for use by a landlord (under section 24(1) of the Housing (Scotland) Act 1988) to intimate an increase of rent for a tenancy under an assured tenancy.

Form AT3

There are separate AT3 Notices for use by landlords and tenants. The notice is for use by a party who seeks a determination of tenancy terms (and possibly of a rent to reflect those terms) following the serving of a Notice AT1 proposing new tenancy terms, and possibly new rent.

Form AT4

This is for the use of a tenant who seeks a determination of rent in response to the serving by the landlord on the tenant of a Notice AT2 proposing a new rent

An AT4 can also be used by a tenant of a short assured tenancy who wishes to apply for a determination of rent.

Written Representations

If you do not ask for a hearing you can make “written representations” – that is to say comments in writing giving your views on the tenancy terms and/or the rent. The Committee Clerk will send a copy of your representations to the other party. If the other party does not ask for a hearing, they will then be given the same chance to comment on any written representations the other has made.

Written Representations

If you do not ask for a hearing you can make “written representations” – that is to say comments in writing giving your views on the tenancy terms and/or the rent. The Committee Clerk will send a copy of your representations to the other party. If the other party does not ask for a hearing, they will then be given the same chance to comment on any written representations the other has made. When the Committee are satisfied that you and the other party have had the chance to answer the points made by each other they will meet to decide the appropriate tenancy terms and/or rent. They will do this on the basis of the written representations. If you make written representations, but if the other party to the tenancy asks for a hearing, one will be arranged and you will be told so that you can attend if you wish. The representations will still be copied to the other party and they will be able to comment on them at the hearing.

A Hearing

Private Rented Housing Panel hearings are open to the public. If you do not wish to present your case yourself you can ask somebody to speak for you. This can be anybody you wish and need not be an expert or a professional.

The Chairman of the Committee is in charge of the hearing, and he and the other Committee members will wish to make sure that they understand both sides of the case. The Chairman will tell you or your representative when you can address the Committee. Do not be afraid to do this or to ask him for guidance. On the other hand, do not think your case will suffer if you ask no questions. The Committee will have all the papers about the case in front of them, but they may ask questions to help them understand the facts and the arguments on both sides.

Each party will have the right to question the other, and you should answer any questions as fairly and honestly as you can. The Chairman will protect you from any unfair questioning. When you are asked to speak, give your views on the level of rent and on tenancy terms. Make a note of the points you want to mention to the Committee so you do not forget anything important.

You have the right to ask the Committee to adjourn or postpone a hearing, and they may also decide to do so of their own accord; but they will try to avoid any unnecessary delays, and will not agree to requests made for adjournment or postponement unless there is good reason. Any such request should be made in writing, if possible and give as much notice as is practicable. If one party alone asks for an adjournment or postponement, the Committee must consider whether the reason’s for the request justify the inconvenience which might be caused to the other party.

You have the right to ask the Committee to adjourn or postpone a hearing, and they may also decide to do so of their own accord; but they will try to avoid any unnecessary delays, and will not agree to requests made for adjournment or postponement unless there is good reason. Any such request should be made in writing, if possible and give as much notice as is practicable. If one party alone asks for an adjournment or postponement, the Committee must consider whether the reason’s for the request justify the inconvenience which might be caused to the other party. They will not normally agree to a request made a short time before the hearing which does not allow enough time for the other party to be properly informed.

The Committee may also adjourn a hearing if one of the parties does not have one of the relevant papers or enough details about it, unless the person concerned agrees to continue with the hearing. If either tenant or landlord, or both, do not turn up the Committee can still decide the case if they are satisfied that sufficient notice of the hearing was given.

The PRHP do not have to visit the property but it is normal practice for them to do so. All those concerned will be told in advance of the time and date of the visit. If there is to be a hearing, the visit will normally be made immediately before the hearing. The landlord and tenant and their agents or representatives will, of course, be welcome to attend the visit, and may if they wish point out anything mentioned in the representations, but they may not put forward any new arguments or evidence during the visit.

The PRHP do not have to visit the property but it is normal practice for them to do so. All those concerned will be told in advance of the time and date of the visit. If there is to be a hearing, the visit will normally be made immediately before the hearing. The landlord and tenant and their agents or representatives will, of course, be welcome to attend the visit, and may if they wish point out anything mentioned in the representations, but they may not put forward any new arguments or evidence during the visit.

The purpose of the visit is simply to let the Committee see the premises for themselves. Unless the parties agree otherwise, the same period of notice for the visit will be given as would be given for a hearing. The Committee do not have a statutory right of entry. If entry is refused a further date for the inspection may be fixed and if entry is again refused, the Committee will determine the rent and/or tenancy terms on the information available to them and without inspection.

Once you have made an application to the PRHP you do not have an automatic right to withdraw it if you change your mind. You will normally be allowed to withdraw if the other party agrees, unless the President or the Committee think that there are good reasons for continuing with the case. Even when you have told the Committee that you wish to withdraw your application, you should not assume that this has been agreed to until they tell you.

Once you have made an application to the PRHP you do not have an automatic right to withdraw it if you change your mind. You will normally be allowed to withdraw if the other party agrees, unless the President or the Committee think that there are good reasons for continuing with the case. Even when you have told the Committee that you wish to withdraw your application, you should not assume that this has been agreed to until they tell you. If you try to withdraw your application a short time before a hearing is due to take place, there may not be enough time to consult the other party. The Committee will continue with the hearing but they may allow you to withdraw your objection at the beginning of the hearing if the other party agrees.

Whether you are making written representations or speaking at a hearing, you might find the following notes useful in presenting your case:

Whether you are making written representations or speaking at a hearing, you might find the following notes useful in presenting your case:

• Set out clearly what you think the rent and/or the terms of the tenancy should be.
• Be able to justify your view of what the rent and/or the terms of the tenancy should be.
• Point out to the Committee what you believe are important points to be borne in mind. For example, you may wish to speak to the Committee about some of the following:
  1. rents and/or tenancy terms for similar properties in the neighbourhood
  2. the physical condition of the house and its size and age.
  3. services provided such as cleaning or lighting or hot water
  4. the character of the neighbourhood
  5. distance to shops, schools, bus station etc
• Comment on any doubtful points made by the other party either at the hearing or in written representations.
• Draw attention to major repairs or improvements, particularly those which are outwith the terms of the tenancy agreement.

If the Committee are asked to determine a rent they will fix the rent at the figure which they consider that the house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy, or as the case may be under a short assured tenancy. In making their determination of rent for an assured tenancy the Committee will disregard:

If the Committee are asked to determine a rent they will fix the rent at the figure which they consider that the house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy, or as the case may be under a short assured tenancy. In making their determination of rent for an assured tenancy the Committee will disregard:

• any effect on the rent attributable to the granting of a tenancy to a sitting tenant;
• any effect on the rent attributable to an improvement carried out by the tenant other than in pursuance of an obligation to the landlord, and
• any effect on the rent attributable to a failure by the tenant to carry out the terms of the tenancy.

The Committee will give their decision in writing by post. The tenancy terms or amount of rent determined will come into effect on the date directed by the Committee unless tenant and landlord agree another date. If you have a short assured tenancy, the new rent will start on a date specified by the committee. This can’t be earlier than the date of the application for review. If you want the Committee to give reasons you should ask, preferably in writing, before the decision is given to you or as soon as possible afterwards.

There is no appeal on the facts decided by the Committee. If you think they have made a mistake in applying the law you may be able to take the case to the Court of Session. If you are thinking of going to the Court of Session you should take legal advice about the proper procedure. You should seek advice as quickly as possible because there is a very short time limit, for example in some cases the limit is only 14 days following the decision. This runs from the date you are given the decision or, if you have asked for reasons for the decision, the date-you are given those reasons.

There is no appeal on the facts decided by the Committee. If you think they have made a mistake in applying the law you may be able to take the case to the Court of Session. If you are thinking of going to the Court of Session you should take legal advice about the proper procedure. You should seek advice as quickly as possible because there is a very short time limit, for example in some cases the limit is only 14 days following the decision. This runs from the date you are given the decision or, if you have asked for reasons for the decision, the date-you are given those reasons.

The Legal Aid Scheme does not cover representation before the Committee, but it may be advisable to seek advice either free or at low cost from a solicitor before the hearing. Advice may also be available at no cost from an office of the Citizens Advice Bureau or a Shelter Housing Aid Centre.

If you don’t think the PRHP has treated you fairly, you can make a complaint using the Panel’s complaints procedure. If you’re not happy with the outcome, you could then complain to the Scottish Public Services Ombudsman.