[F1 Part 4A S Rent: properties in a rent control area (other than exempt properties)

Textual Amendments

F1 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. Pt. 1

Chapter 1 S Initial provisions and restrictions in relation to rent etc.

Key definitions in this Part S

43E Meaning of “permitted rate”: further provision S

(1) The Scottish Ministers may by regulations modify section 43D to substitute a different economic index for the one for the time being mentioned there.

(2) The Scottish Ministers may by regulations modify section 43D to—

(a) substitute a different percentage point for the one for the time being specified in subsection (1)(a) of that section,

(b) substitute a different percentage for the one for the time being specified in subsection (1)(b) of that section.

(3) The 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—

(a) necessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area, and

(b) a necessary and proportionate control of landlords’ use of their property in the area.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) or (2) before the Scottish Parliament, 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.]