[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

Tenant’s referral of rent-increase notice to rent officer S

43N Tenant’s right to refer rent-increase notice to rent officer S

(1) If 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.

(2) The 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—

(a) where the permitted rate is 0%, the landlord has not notified the tenant in writing that the rent-increase notice has been withdrawn, or

(b) in 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.

(3) A referral to a rent officer under subsection (2) must be––

(a) in the prescribed form,

(b) accompanied by the prescribed fee (if any),

(c) intimated by the tenant to the landlord in the prescribed manner, and

(d) made before the end of the day falling 42 days after the landlord receives notice from the tenant under subsection (1).

(4) In subsection (3), “prescribed” means prescribed by the Scottish Ministers in regulations.]