SP Bill 76 Session 5 (2020) 2 Fair Rents (Scotland) Bill Part 1—Right to a fair rent for private sector tenants (2) After section 22 insert— “22A Tenant's right to apply for a fair open market rent to be determined (1) A tenant under a private residential tenancy may apply to a rent officer for the area in which the let property is situated for a fair rent to be determined 5 under this section. (2) Where a rent officer receives an application under this section, the rent officer must make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the rent officer in accordance with section 22B. 10 (3) For the purpose of subsection (2)— (a) "effective date" is the first payment date falling at least 14 days after the day on which the rent officer makes the order, and (b) “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the tenancy. 15 (4) In an order made under subsection (2), the rent officer must record the amount of the rent that is fairly attributable to the provision of services, unless the amount is negligible or no amount is so attributable. (5) An application to a rent officer under this section must be— (a) in the prescribed form, 20 (b) intimated by the tenant to the landlord in the prescribed manner, and (c) made no more than on one occasion within any 12 month period. (6) In subsection (5), “prescribed” means prescribed by the Scottish Ministers by regulations. 22B Determination of a fair open market rent 25 (1) Where an order maker is to determine a fair rent under section 22A or (as the case may be) section 29(1), the determination is to be made on the basis that the property in question would be let by a willing landlord to a hypothetical willing tenant under a new...