Matters arising from referral to rent officer or application to First-tier Tribunal 43S Tenant’s liability for underpaid rent (1) This section applies where–– (a) the rent payable under a current tenancy has been changed by an order made under— (i) section 43M(2) or (3), (ii) section 43P(2) or (3), or (iii) section 43R(2)(b) or (4)(a) or (b), (b) the effective date stated in the order (“the actual effective date”) falls later than the date on which the rent would have been increased in 17 Housing (Scotland) Bill - Keeling schedule accordance with section 43J(4) had a referral to a rent officer not been made under section 43L(2) or, as the case may be, had an application to the First-tier Tribunal not been made under section 43Q(1) (“the originally proposed effective date”), and (c) the rent payable from the actual effective date (“the new rent”) is more than the rent payable immediately before that date (“the old rent”). (2) On the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between–– (a) the amount that would have been payable in rent between the originally proposed effective date and the actual effective date had the new rent been the rent payable from the originally proposed effective date, and (b) the amount that should have been paid in rent during the same period (whether or not it was actually paid). (3) Subsection (4) applies if, at the end of the day falling 28 days after a tenant’s liability under subsection (2) arose, that liability is (in whole or in part) still outstanding. (4) For the purposes of paragraph 12 of schedule 3, the liability mentioned in subsection (3) is to be regarded as a sum that fell to be paid by way of rent on the day the liability arose. (5) In this section, a reference to a period between two dates includes both of those dates. 43T Withdrawal of referral or request for review by rent officer or application to First-tier Tribunal (1) This section applies— (a) where a referral to the rent officer made under section 43L(2) is withdrawn by the tenant, (b) where— (i) a request for a review by another rent officer made under section 43O(1) is withdrawn by one party, and (ii) either— (A) the other party has not requested a review in respect of the tenancy in question, or (B) any request for a review by the other party has been withdrawn, or (c) where an application to the First-tier Tribunal made under section 43Q(1) is withdrawn by the tenant. (2) The order maker must make an order under section 43M(2) or (3), section 43P(2) or (3), or section 43R(2)(b) or (4)(a) or (b) (as the case may be), stating 18 Housing (Scotland) Bill - Keeling schedule that from the effective date the rent payable under the current tenancy concerned is the lower of— (a) the rent specified in the rent-increase notice, and (b) the rent payable under the tenancy as increased by the permitted amount for the area in which the let property is situatedrate. (3) Where the order maker is another rent officer in relation to the making of an order under section 43P(2) or (3), an order may not be made by virtue of subsection (2) until the expiry of the period within which a request for a review made under section 43O(1) may be made. (4) In subsection (2)— “order maker” means— (a) in the case of the making of an order under section 43M(2) or (3), the rent officer, (b) in the case of the making of an order under section 43P(2) or (3), another rent officer, (c) in the case of the making of an order under section 43R(2)(b) or (4)(a) or (b), the First-tier Tribunal, “the rent-increase notice” means the rent-increase notice that, as the case may be— (a) prompted the referral to the rent officer, (b) led to the request for review by another rent officer, or (c) led to the application to the First-tier Tribunal.”.
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