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Private Housing (Tenancies) (Scotland) Act 2016
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- PART 4
- CHAPTER 1
- Restrictions on other charges...
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Private Housing (Tenancies)
(Scotland) Act 2016, Cross Heading: Restrictions on other charges and diligence is up to date with all changes known to be in force on or before 26 September 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Part 4 Chapter 1 Crossheading Restrictions-on-other-charges-and-diligence:
- specified provision(s) coming into force by S.S.I. 2017/293 reg. 2 Sch. (This amendment not applied to legislation.gov.uk. S.S.I. 2017/293 is revoked and superseded by S.S.I. 2017/346)
- specified provision(s) revocation of earlier commencing S.S.I. 2017/293 by S.S.I. 2017/346 reg. 7
Restrictions on other charges and diligenceS
20No premiums, advance payments, etc.S
(1)Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 apply in relation to a private residential tenancy as they apply in relation to a tenancy of the kind to which those sections refer.
(2)But—
(a)section 83(5) of that Act is to be ignored,
(b)the date mentioned in section 88(1) of that Act is to be read as if it were the date on which this section comes into force.
Commencement Information
I1S. 20 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.
21Restriction on diligenceS
Except with the leave of the First-tier Tribunal, no diligence is to be done in respect of—
(a)the rent due by a tenant or former tenant under a private residential tenancy,
(b)any liability of a tenant or former tenant arising under section 31.
Commencement Information
I2S. 21 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.
[F121ARent cap controlsS
(1)On or after 6 September 2022, the landlord under a private residential tenancy may not increase the rent payable under the tenancy by more than the permitted rate.
(2)For the purposes of this Chapter, the “permitted rate” is [F23%].
(3)The Scottish Ministers may by regulations substitute a different percentage for the one for the time being mentioned in subsection (2).
(4)Any rent-increase notice given on or after 6 September 2022 during a period when the permitted rate is 0% is of no effect.
(5)This section is subject to Chapter 2A.]
Textual Amendments
F1S. 21A treated as inserted (temp.) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(5) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2))
F2Word substituted in S. 21A(2) (in so far as that provision is treated as inserted (temp.) by 2022 asp 10, sch. 1 para. 1(5)) (1.4.2023) by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 4(2)
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