http://www.legislation.gov.uk/asp/2016/19/section/43RPrivate 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 Part 4A<Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">Rent: properties in a rent control area (other than exempt properties)</Addition>Chapter 2<Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">rent variation instigated by landlord’s notice</Addition><Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">Tenant’s referral of rent-increase notice to rent officer</Addition><Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">Other rent officer’s power to set rent</Addition>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.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