Cost of Living (Tenant Protection) (Scotland) Act 2022

Assured tenancies and short assured tenancies

2 (1) The Housing (Scotland) Act 1988 is amended as follows.

(2) After section 25 insert—

“25ZA Power to modify this Part

(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.”.

(3) In section 53(2) (orders and regulations), before “, shall” insert “or regulations under section 25ZA”.