http://www.legislation.gov.uk/asp/2016/19/part/4APrivate 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 143A1This Part applies in relation to a private residential tenancy (in this Part, a “current tenancy”) of a property that—ais in a rent control area, andbis not an exempt property.2In this Part, “exempt property” has the meaning given by section 17D(1).43B1In this Part, a reference to the property let under a current tenancy as having been previously let is a reference to a property that—ais the same or substantially the same as the property that was let under the immediately preceding tenancy, andbis not an excluded property as mentioned in subsection (2).2For the purpose of subsection (1), the property let under the current tenancy is an excluded property if—ait was purchased by the landlord under the tenancy with vacant possession, andbthe tenancy is the first private residential tenancy of the property granted by the landlord since the purchase.3In this Part, a reference to the immediately preceding tenancy is, in relation to a current tenancy, a reference to a private residential tenancy or an assured tenancy that—aimmediately preceded the current tenancy, andbended no more than 12 months before the start of the current tenancy.4The Scottish Ministers may by regulations modify this section to adjust the meaning of the expressions included in this section.43C1In this Part, “relevant rent increase”, in relation to a current tenancy, means—aan increase in the amount payable in rent under a previous private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the property let (or to be let) under the current tenancy (“a relevant tenancy”),ba setting of the initial rent under a relevant tenancy (“tenancy A”) if—ithat initial rent is an amount exceeding the final rent under the relevant tenancy that immediately preceded tenancy A (“tenancy B”),iitenancy B ended no more than 12 months before the start of tenancy A, andiiithe property let under tenancy A is not an excluded property as mentioned in subsection (2).2For the purpose of subsection (1), property let under tenancy A is an excluded property if—athe property was purchased by the landlord under tenancy A with vacant possession, andbtenancy A was the first private residential tenancy or assured tenancy granted by the landlord since the purchase.43D1In this Part, the “permitted rate” means the lower of—aCPI% plus one percentage point (but see subsection (3)), andb6%.2In this section—“consumer prices index” means—the all items consumer prices index published by the Statistics Board, orif that index is not published for a month, any substituted index or figures published by the Board,“CPI%” means the percentage increase or decrease (rounded to the nearest 0.1%) in the consumer prices index, calculated by reference only to—the latest index, andthe index published for the month which was 12 months before that to which the latest index relates,“the latest index”—in a case of setting the initial rent under the current tenancy, means the last index published before the day on which the tenancy starts,in a case of a rent-increase notice, means the last index published before the day on which the notice is given to the tenant.3If the total percentage determined under subsection (1)(a) is less than 0%, it is to be treated instead as if it were 0%.43E1The Scottish Ministers may by regulations modify section 43D to substitute a different economic index for the one for the time being mentioned there.2The Scottish Ministers may by regulations modify section 43D to—asubstitute a different percentage point for the one for the time being specified in subsection (1)(a) of that section,bsubstitute a different percentage for the one for the time being specified in subsection (1)(b) of that section.3The Scottish Ministers may make regulations under subsection (2) only if they consider that the modification is necessary to ensure that restrictions imposed by this Part on the rent payable under private residential tenancies of properties in a rent control area (other than exempt properties) are—anecessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area, andba necessary and proportionate control of landlords’ use of their property in the area.4Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) or (2) before the Scottish Parliament, the Scottish Ministers—amust consult persons who appear to them to represent the interests of tenants and landlords, andbmay consult any other person they consider appropriate.43F1In this Part—“assured tenancy” means an assured tenancy under the Housing (Scotland) Act 1988,“final rent”, in relation to a tenancy, means the amount that was payable in rent at the end of the tenancy,“initial rent”, in relation to a tenancy, means the amount that is (or is to be) payable in rent at the start of the tenancy,“previous rent increase”, in relation to a current tenancy, means—a setting of the initial rent under the current tenancy that exceeds the final rent under the immediately preceding tenancy, ora relevant rent increase.2For the purpose of this Part, whether property let under a tenancy is the same or substantially the same as property let under a previous tenancy is to be determined with reference to a comparison between the description of each property in the terms applying to each tenancy.43G1This section applies if the property let (or to be let) under a current tenancy was previously let.2If there was a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy.3If there was not a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy as increased by the permitted rate.43HThe rent payable under a current tenancy may be increased only in accordance with Chapter 2.43I1The rent payable under a current tenancy may not be increased—aif the let property was previously let—ion the first occasion after the setting of the initial rent under the current tenancy, unless the most recent previous rent increase took effect more than 12 months previously,iithereafter, more than once in a 12 month period,bif the let property was not previously let—iduring the first 12 months of the current tenancy except in such circumstances as may be prescribed by the Scottish Ministers in regulations,iimore than once in any other 12 month period.2For the purpose of subsection (1)(a)(ii) or (b)(ii), where the last rent increase resulted from an order of a 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 43L(4) had a referral to a rent officer not been made.43J1Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 apply in relation to a current tenancy as they apply in relation to a tenancy of the kind to which those sections refer.2But—asection 83(5) of that Act is to be ignored,bthe 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.43KExcept with the leave of the First-tier Tribunal, no diligence is to be done in respect of—athe rent due by a tenant or former tenant under a current tenancy,bany liability of a tenant or former tenant arising under section 43U.Chapter 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.Chapter 343W1The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribunal to make an order requiring a landlord to whom subsection (2) applies to pay—aa financial penalty, orba compensation payment to the tenant in question.2This subsection applies to a landlord against whom any of the following orders has been made—aan order of a rent officer made under section 43O(3),ban order of a rent officer made under section 43R(3),can order of the First-tier Tribunal under section 43T(2)(a),dan order of the First-tier Tribunal under section 43T(4)(a).3Regulations under subsection (1) may, in particular, make provision for or in connection with—athe maximum amount (not exceeding £1,000) of a financial penalty or a compensation payment that may be imposed by the First-tier Tribunal by virtue of subsection (1),bthe person to whom any financial penalty is payable,cmatters to be taken into account by the First-tier Tribunal in determining the amount of a financial penalty or compensation payment imposed by the First-tier Tribunal,dthe arrangements for payment of a financial penalty or compensation payment,eappeals against the imposition, or the amount, of a financial penalty or compensation payment,fenforcement relating to the payment of any financial penalty or compensation payment imposed by an order of the First-tier Tribunal.4Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—amust consult persons who appear to them to represent the interests of tenants and landlords, andbmay consult any other person they consider appropriate.5The requirement to consult under subsection (4)(a) may be met by consultation carried out before this section takes effect.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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