PART 4

Rent
CHAPTER 1

Restrictions in relation to rent, other charges and diligence

Application of this Part

Meaning of “exempt property”
17D
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.
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)