[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 application to First-tier Tribunal relating to rent-increase notice S

43S Tenant's right to apply to First-tier Tribunal in relation to rent-increase notice S

(1) A tenant under a current tenancy of a property that was previously let who has received a rent-increase notice on the first occasion under the tenancy may apply to the First-tier Tribunal for determination of whether—

(a) a previous rent increase took effect less than 12 months before the day on which the increase is to take effect (as specified in the notice in accordance with section 43L(3)(a)(ii)),

(b) the initial rent under the tenancy (that is proposed to be increased by the rent-increase notice) was not set in accordance with section 43G(2) or (3) (as the case may be).

(2) A tenant may make an application under subsection (1) only if—

(a) the tenant has notified the landlord in writing before the end of the day falling 30 days after the tenant receives the rent-increase notice as to why the tenant considers that the circumstances mentioned in paragraph (a) or (b) (as the case may be) of subsection (1) are met, and

(b) before the end of the day falling 21 days after the landlord receives notification from the tenant under paragraph (a), the landlord and tenant have not agreed to a modification of the rent-increase notice as mentioned in subsection (3).

(3) The modification referred to in subsection (2)(b) is—

(a) where the tenant considers that the circumstances mentioned in subsection (1)(a) are met, a modification so that the increase in rent is to take effect 12 months or more after the most recent previous rent increase took effect,

(b) where the tenant considers that the circumstances mentioned in subsection (1)(b) are met, a modification so that the increase in the rent payable is based on increasing an amount of rent that is set in accordance with section 43G(2) or (3) (as the case may be).

(4) An application to the First-tier Tribunal under subsection (1) must be—

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

(b) made before the end of the day falling 42 days after the landlord receives the notice from the tenant in accordance with subsection (2)(a).

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