Private Housing (Tenancies) (Scotland) Act 2016

CHAPTER 1 S Restrictions in relation to rent, other charges and diligence

[F1 Application of this Part S

Textual Amendments

F1 Ss. 17C, 17D and cross-heading inserted (7.1.2026 for the insertion of s. 17D and otherwise prosp.) by Housing (Scotland) Act 2025 (asp 13), ss. 23(3), 86(2); S.S.I. 2025/355, reg. 3(a)

Prospective

17C Application of this Part S

(1) This Part applies in relation to a private residential tenancy of a property that—

(a) is not in a rent control area, or

(b) is in a rent control area but is an exempt property.

(2) In this Part, “exempt property” has the meaning given by section 17D(1).

17D Meaning of “exempt property” S

(1) In this Part and Part 4A, an “exempt property” means a property that—

(a) is of a description specified in regulations made by the Scottish Ministers, and

(b) is confirmed as being of that description in accordance with one or more processes specified in those regulations.

(2) Regulations under subsection (1) may specify a description referred to in paragraph (a) of that subsection, in relation to a property, by reference to such matters (or a combination of matters) as the Scottish Ministers consider appropriate including, in particular—

(a) a description of the circumstances relating to the landlord of the property,

(b) a description of the circumstances relating to the tenant of the property,

(c) a description of the property according to its type.

(3) A process referred to in subsection (1)(b) that is specified in regulations under subsection (1), in relation to a property, may, in particular, include—

(a) approval by a person specified in the regulations that the property is of a description referred to in subsection (1)(a),

(b) signification in a form specified in the regulations that the property is of a description referred to in subsection (1)(a), which may include the inclusion of the property in a register specified in the regulations.

(4) If regulations under subsection (1) provide that a person specified in the regulations is to approve that a property is of a description referred to in subsection (1)(a), the regulations may, in particular, make provision for or in connection with—

(a) the procedure to be followed in connection with applications for approval,

(b) the form and manner in which applications are to be made (including the documents that are to accompany applications),

(c) fees in connection with applications,

(d) the duration of approval,

(e) the withdrawal of approval,

(f) publication of decisions to approve or to refuse to approve applications,

(g) appeals against—

(i) a decision to refuse approval, or

(ii) a decision to withdraw approval,

(h) requirements for the landlord of a property to notify any tenant—

(i) that an application for approval has been made, and

(ii) of the outcome of the application.

(5) If regulations under subsection (1) provide that confirmation that a property is of a description referred to in subsection (1)(a) is to be signified by the inclusion of the property in a register specified in the regulations, the regulations may, in particular, make provision for or in connection with—

(a) the establishment and maintenance of the register,

(b) the procedure to be followed in connection with applications for entry of a property in the register,

(c) the form and manner in which applications are to be made (including the documents that are to accompany applications),

(d) fees in connection with applications,

(e) the period for which a property is to be entered in the register (unless the entry is removed earlier),

(f) removal of entries from the register,

(g) access to the register by members of the public,

(h) appeals against—

(i) a decision to refuse to enter a property in the register, or

(ii) a decision to remove a property from the register,

(i) requirements for the landlord of a property to notify any tenant—

(i) that an application for entry of the property in the register has been made, and

(ii) of the outcome of the application.

(6) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—

(a) must consult persons who appear to them to represent the interests of tenants and landlords, and

(b) may consult any other person they consider appropriate.

(7) The requirement to consult under subsection (6)(a) may be met by consultation carried out before this section takes effect.]

Restrictions on rent increases S

18 Method by which rent may be increased S

The rent payable under a private residential tenancy may be increased only in accordance with Chapter 2.

Modifications etc. (not altering text)

C1 S. 18 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(3) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2)

Commencement Information

I1 S. 18 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

19 Frequency with which rent may be increased S

(1) The rent payable under a private residential tenancy may not be increased more than once in a 12 month period.

(2) For the purpose of subsection (1), in a case where the last rent increase resulted from an order of the rent officer or the First-tier Tribunal, the 12 month period is to be regarded as commencing on the date on which the rent would have been increased in accordance with section 22(4) had a referral to a rent officer not been made.

Modifications etc. (not altering text)

C2 S. 19 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(4) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2)

Commencement Information

I2 S. 19 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Restrictions on other charges and diligence S

20 No 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

I3 S. 20 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

21 Restriction on diligence S

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

I4 S. 21 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.