[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 2 S rent variation instigated by landlord’s notice

Rent-increase notice given by landlord S

43L Landlord’s power to increase rent by no more than the permitted rate S

(1) The 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”).

(2) But the landlord under a current tenancy may not increase the rent payable under the tenancy by more than the permitted rate.

(3) The rent-increase notice must––

(a) specify––

(i) the rent that will be payable once the increase takes effect,

(ii) the day on which the increase is to take effect,

(iii) the reasons for the rent payable under the tenancy being increased, and

(b) fulfil any other requirements prescribed by the Scottish Ministers in regulations.

(4) The rent increase takes effect on the effective date, unless before that date—

(a) the landlord intimates to the tenant that the notice is rescinded,

(b) the tenant makes a referral to a rent officer under section 43N(2), or

(c) the tenant applies to the First-tier Tribunal under section 43S(1).

(5) For the purpose of subsection (4), the effective date is the date of the later of—

(a) the day specified in the notice in accordance with subsection (3)(a)(ii), or

(b) the day after the day on which the minimum notice period ends.

(6) In subsection (5)(b), “the minimum notice period” means the period that—

(a) begins on the day the notice is received by the tenant, and

(b) ends on the day falling—

(i) three months after it began, or

(ii) whatever longer period after it began as the landlord and tenant have agreed between them.

(7) In 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—

(a) on the same day of the month as it began, or

(b) if the month in which the period ends has no such day, on the final day of that month.]