http://www.legislation.gov.uk/asp/2016/19/part/4A/chapter/2Private Housing (Tenancies) (Scotland) Act 2016An Act of the Scottish Parliament to make provision about private rented housing; in particular to establish a new type of tenancy to be known as a private residential tenancy.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-05-01 Private Housing (Tenancies) (Scotland) Act 2016specified provision(s)The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017 (revoked)reg. 2 Sch.Private Housing (Tenancies) (Scotland) Act 2016s. 25(1)(a)Housing (Scotland) Act 2025s. 25(2)(b)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 25(1)(b) and wordHousing (Scotland) Act 2025s. 25(2)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 29(1)(a)Housing (Scotland) Act 2025s. 25(3)(b)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 29(1)(b) and wordHousing (Scotland) Act 2025s. 25(3)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 34(1)(c) and wordHousing (Scotland) Act 2025s. 25(4)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 48(3A)-(3D)Housing (Scotland) Act 2025s. 44(2)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 49(4A)Housing (Scotland) Act 2025s. 44(4)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 51AHousing (Scotland) Act 2025s. 28(2)s. 86(2)Private Housing (Tenancies) (Scotland) Act 2016s. 59(1A)(1B)Housing (Scotland) Act 2025s. 34(2)(b)s. 86(2)reg. 2(3)(5)sch. Pt. 3Private Housing (Tenancies) (Scotland) Act 2016s. 59(5)Housing (Scotland) Act 2025s. 34(2)(e)s. 86(2)reg. 2(3)(5)sch. Pt. 3Private Housing (Tenancies) (Scotland) Act 2016Sch. 5 para. 6 and cross-headingHousing (Scotland) Act 2025s. 51(2)s. 86(2)Private Housing (Tenancies) (Scotland) Act 2016sch. 1 para. 4ACrofting and Scottish Land Court Act 2026s. 28(2)s. 66(2) Part 4AChapter 243L1The landlord under a current tenancy may increase the rent payable under the tenancy by giving the tenant a notice in accordance with this section (“a rent-increase notice”).2But the landlord under a current tenancy may not increase the rent payable under the tenancy by more than the permitted rate.3The rent-increase notice must––aspecify––ithe rent that will be payable once the increase takes effect,iithe day on which the increase is to take effect,iiithe reasons for the rent payable under the tenancy being increased, andbfulfil any other requirements prescribed by the Scottish Ministers in regulations.4The rent increase takes effect on the effective date, unless before that date—athe landlord intimates to the tenant that the notice is rescinded,bthe tenant makes a referral to a rent officer under section 43N(2), orcthe tenant applies to the First-tier Tribunal under section 43S(1).5For the purpose of subsection (4), the effective date is the date of the later of—athe day specified in the notice in accordance with subsection (3)(a)(ii), orbthe day after the day on which the minimum notice period ends.6In subsection (5)(b), “the minimum notice period” means the period that—abegins on the day the notice is received by the tenant, andbends on the day falling—ithree months after it began, oriiwhatever longer period after it began as the landlord and tenant have agreed between them.7In subsection (6), the reference to a period of three months is to a period that ends in the month that falls three months after the month in which it began, either—aon the same day of the month as it began, orbif the month in which the period ends has no such day, on the final day of that month.43M1This section does not apply in relation to a current tenancy if the permitted rate is 0%.2Anything specified in a rent-increase notice in accordance with section 43L(3)(a) may be modified by agreement between the landlord and tenant under the current tenancy.3But the landlord and the tenant may not modify a rent-increase notice under subsection (2) so as to increase the rent payable under the current tenancy by more than the permitted rate.4A modification made to a rent-increase notice by virtue of subsection (2) ceases to have effect if the notice subsequently prompts a referral to a rent officer under section 43N(2).43N1If a tenant who has received a rent-increase notice considers that the proposed increase in the rent payable under the current tenancy is more than the permitted rate, the tenant must notify the landlord in writing of the tenant’s view before the end of the day falling 30 days after the tenant receives the notice.2The tenant may make a referral to a rent officer for the area in which the let property is situated seeking a decision under section 43O in relation to the rent-increase notice if, before the end of the day falling 21 days after the landlord receives notification from the tenant under subsection (1), either—awhere the permitted rate is 0%, the landlord has not notified the tenant in writing that the rent-increase notice has been withdrawn, orbin any other case, the landlord and the tenant have not agreed to a modification of the rent-increase notice so as to increase the rent payable in respect of the let property by no more than the permitted rate.3A referral to a rent officer under subsection (2) must be––ain the prescribed form,baccompanied by the prescribed fee (if any),cintimated by the tenant to the landlord in the prescribed manner, anddmade before the end of the day falling 42 days after the landlord receives notice from the tenant under subsection (1).4In subsection (3), “prescribed” means prescribed by the Scottish Ministers in regulations.43O1Where a rent officer receives a referral under section 43N(2), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate.2If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the tenancy is the rent specified in the rent-increase notice.3If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating—awhere the permitted rate is 0%, that the rent-increase notice has no effect,bin any other case, that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer.4The rent determined by the rent officer under subsection (3)(b) must be the rent payable under the current tenancy as increased by the permitted rate.5For the purpose of subsections (2) and (3), the effective date is—awhere the rent officer makes the order 14 days or more before the original effective date, the original effective date,botherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order.6In subsection (5)—“original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2),“payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy.43P1A rent officer may, within 14 days of making an order under section 43O(2) or (3), remake the order for the purpose of curing an error in the original order made under that subsection.2The effective date of the remade order is to be specified in accordance with subsection (2) or (3) of section 43O as though it were an order made under either of those subsections.3Where an order is remade under this section—athe original order is of no effect,bother than in subsection (1), references in this Part to an order made under section 43O(2) or (3) are to be read as references to the remade order,cif a request for review of the original order has been made under section 43Q(1), the review is to be regarded as having been made against the remade order.43Q1Where a rent officer has made an order under section 43O(2) or (3) in relation to the rent payable under a current tenancy, the landlord or the tenant may request a review of the order by a different rent officer.2A request for a review of an order under subsection (1) must—abe made before the end of the day falling 14 days after the order is made,bbe in the prescribed form,cbe intimated by the landlord or the tenant (as the case may be) to the other party to the tenancy by sending a copy of the request to the other party.3Requesting a review under subsection (1) renders the order being reviewed of no effect.4In subsection (2), “prescribed” means prescribed by the Scottish Ministers in regulations.43R1Where a rent officer receives a request for a review under section 43Q(1), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice prompting the referral to the first rent officer under section 43N(2) would be an increase in the rent payable under the current tenancy of more than the permitted rate.2If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent specified in the rent-increase notice.3If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer.4The rent determined by the rent officer under subsection (3) must be the rent payable under the current tenancy as increased by the permitted rate.5For the purpose of subsections (2) and (3), the effective date is—awhere the rent officer makes the order 14 days or more before the original effective date, the original effective date,botherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order.6In subsection (5)—“original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2),“payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy.7Where the rent officer makes an order under subsection (2) or (3), the order under section 43O(2) or (3) to which the request for review under section 43Q(1) relates is of no effect.43S1A tenant under a current tenancy of a property that was previously let who has received a rent-increase notice on the first occasion under the tenancy may apply to the First-tier Tribunal for determination of whether—aa previous rent increase took effect less than 12 months before the day on which the increase is to take effect (as specified in the notice in accordance with section 43L(3)(a)(ii)),bthe initial rent under the tenancy (that is proposed to be increased by the rent-increase notice) was not set in accordance with section 43G(2) or (3) (as the case may be).2A tenant may make an application under subsection (1) only if—athe tenant has notified the landlord in writing before the end of the day falling 30 days after the tenant receives the rent-increase notice as to why the tenant considers that the circumstances mentioned in paragraph (a) or (b) (as the case may be) of subsection (1) are met, andbbefore the end of the day falling 21 days after the landlord receives notification from the tenant under paragraph (a), the landlord and tenant have not agreed to a modification of the rent-increase notice as mentioned in subsection (3).3The modification referred to in subsection (2)(b) is—awhere the tenant considers that the circumstances mentioned in subsection (1)(a) are met, a modification so that the increase in rent is to take effect 12 months or more after the most recent previous rent increase took effect,bwhere the tenant considers that the circumstances mentioned in subsection (1)(b) are met, a modification so that the increase in the rent payable is based on increasing an amount of rent that is set in accordance with section 43G(2) or (3) (as the case may be).4An application to the First-tier Tribunal under subsection (1) must be—aintimated by the tenant to the landlord in the prescribed manner, andbmade before the end of the day falling 42 days after the landlord receives the notice from the tenant in accordance with subsection (2)(a).5In subsection (4), “prescribed” means prescribed by the Scottish Ministers in regulations.43T1Subsection (2) applies where the First-tier Tribunal receives an application under section 43S(1)(a) in relation to a rent-increase notice given under a current tenancy.2If the Tribunal determines—athat any previous rent increase took effect less than 12 months before the original effective date, the Tribunal must make an order that the rent-increase notice is of no effect (and accordingly the rent payable under the current tenancy is unchanged),bthat any previous rent increase took effect 12 months or more before the original effective date, the Tribunal must make an order stating that from the effective date the rent payable under the current tenancy is the lower of—ithe rent specified in the rent-increase notice in accordance with section 43L(3)(a)(i), andiithe rent payable under the tenancy as increased by the permitted rate.3Subsection (4) applies where the First-tier Tribunal receives an application under section 43S(1)(b) in relation to a rent-increase notice given under a current tenancy.4If the Tribunal determines—athat the initial rent under the current tenancy (that is proposed to be increased by the rent-increase notice) was not set in accordance with section 43G(2) or (3) (as the case may be), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the Tribunal,bthat the rent payable at the start of the current tenancy (that is proposed to be increased by the rent-increase notice) was set in accordance with section 43G(2) or (3) (as the case may be), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the lower of—ithe rent specified in the rent-increase notice in accordance with section 43L(3)(a)(i), andiithe rent payable under the tenancy as increased by the permitted rate.5In determining the rent under subsection (4)(a), the First-tier Tribunal may not determine that the rent payable under the current tenancy from the effective date is more than the base rent as increased by the permitted rate.6For the purpose of subsection (2) or (4), the effective date is—awhere the Tribunal makes the order 14 days or more before the original effective date, the original effective date,botherwise, the first payment date falling at least 14 days after the day on which the Tribunal makes the order.7In this section—“base rent” means the amount of rent that would have been payable from the start of the current tenancy had the rent been set in accordance with section 43G(2) or (3) (as the case may be),“original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the First-tier Tribunal not been made under section 43S(1),“payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy.43U1This section applies where––athe rent payable under a current tenancy has been changed by an order made under—isection 43O(2) or (3),iisection 43R(2) or (3), oriiisection 43T(2)(b) or (4)(a) or (b),bthe effective date stated in the order (“the actual effective date”) falls later than the date on which the rent would have been increased in accordance with section 43L(4) had a referral to a rent officer not been made under section 43N(2) or, as the case may be, had an application to the First-tier Tribunal not been made under section 43S(1) (“the originally proposed effective date”), andcthe rent payable from the actual effective date (“the new rent”) is more than the rent payable immediately before that date (“the old rent”).2On the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between––athe 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, andbthe amount that should have been paid in rent during the same period (whether or not it was actually paid).3Subsection (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.4For 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.5In this section, a reference to a period between two dates includes both of those dates.43V1This section applies—awhere a referral to the rent officer made under section 43N(2) is withdrawn by the tenant,bwhere—ia request for a review by another rent officer made under section 43Q(1) is withdrawn by one party, andiieither—Athe other party has not requested a review in respect of the tenancy in question, orBany request for a review by the other party has been withdrawn, orcwhere an application to the First-tier Tribunal made under section 43S(1) is withdrawn by the tenant.2The order maker must make an order under section 43O(2) or (3), section 43R(2) or (3), or section 43T(2)(b) or (4)(a) or (b) (as the case may be), stating that from the effective date the rent payable under the current tenancy concerned is the lower of—athe rent specified in the rent-increase notice, andbthe rent payable under the tenancy as increased by the permitted rate.3Where the order maker is another rent officer in relation to the making of an order under section 43R(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 43Q(1) may be made.4In subsection (2)—“order maker” means—in the case of the making of an order under section 43O(2) or (3), the rent officer,in the case of the making of an order under section 43R(2) or (3), another rent officer,in the case of the making of an order under section 43T(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—prompted the referral to the rent officer,led to the request for review by another rent officer, orled to the application to the First-tier Tribunal.Pt. 4A inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 23(4), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. 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