Housing (Scotland) Act 2025

1. Introductory Text

2. Part 1 Rent

   1. Chapter 1 Designation of rent control areas

      1. Rent conditions: assessments and reports

         1. 1. Periodic assessment of rent conditions

         2. 2. Report to Scottish Ministers following periodic assessment

         3. 3. Interim assessment and reports by local authorities

      2. Consideration of rent conditions reports

         1. 4. Scottish Ministers to review local authority report

         2. 5. Further assessment of rent conditions and report by local authority

      3. Ministerial guidance on local authority assessments and reports

         1. 6. Ministerial guidance on assessments of rent conditions

         2. 7. Ministerial guidance on reports following assessments of rent conditions

      4. Ministers’ decision on whether to designate rent control area

         1. 8. Scottish Ministers’ duty to report

         2. 9. Power to designate rent control area

         3. 10. Designation of rent control area: consultation

         4. 11. Duty to keep rent control area under review

         5. 12. Variation of rent controls in existing rent control area: consultation

      5. Properties subject to modified restrictions

         1. 13. Properties subject to modified rent control area restrictions

      6. Power to seek information relating to tenancies

         1. 14. Information that may be sought by local authority or the Scottish Ministers

         2. 15. Information sharing and cooperation between local authorities and the Scottish Ministers

         3. 16. Information holder’s failure to provide information sought

         4. 17. Information holder’s provision of false information

         5. 18. Scottish Ministers’ request for landlord information from local authorities

      7. Power to require landlords to provide information

         1. 19. Power to require landlords to provide information

      8. Expiry of rent control area: power to modify law

         1. 20. Power to modify law in connection with the expiry of rent control area

      9. Scottish Ministers: information and research

         1. 21. Scottish Ministers: information and research

   2. Chapter 2 Rent control areas: modifications of the 2016 Act

      1. Information about rent to be included in advertisements

         1. 22. Prospective landlords’ duty to include information about rent in advertisements

      2. Setting and variation of rent

         1. 23. Setting and variation of rent

   3. Chapter 3 Other restrictions on rent increases

      1. Frequency of rent increases

         1. 24. Private residential tenancies not in rent control area: frequency of rent increase

      2. Capping of rent increases on referral or appeal

         1. 25. Private residential tenancies: capping of rent increase

         2. 26. Assured tenancies: capping of rent increase

   4. Chapter 4 Review of the operation of Part 1 of the Act

      1. 27. Review of the operation of Part 1 of the Act

3. Part 2 Dealing with evictions

   1. Evictions: duties to consider delay

      1. 28. Private residential tenancies: duty to consider delay to eviction

      2. 29. Scottish secure tenancies etc.: duty to consider delay to eviction

      3. 30. Assured tenancies: duty to consider delay to eviction

      4. 31. Protected tenancies and statutory tenancies: duty to consider delay to eviction

   2. Damages for unlawful eviction

      1. 32. Unlawful eviction: notification and damages

   3. Eviction grounds

      1. 33. Review of eviction grounds

   4. Payments for wrongful termination

      1. 34. Payments for wrongful termination

4. Part 3 Keeping pets and making changes to let property

   1. 35. Private residential tenancies: keeping pets and making changes to let property

   2. 36. Scottish secure tenancies etc.: keeping pets

5. Part 4 Other matters relating to tenants

   1. Unclaimed tenancy deposits

      1. 37. Use of unclaimed tenancy deposits

   2. Registration of letting agents etc.

      1. 38. Applications for registration

      2. 39. Duty to inform: change of circumstances

      3. 40. Revocation of registration: where agent no longer exists

      4. 41. Removal from register on application: notification of agent

      5. 42. Note on register where entry refused or removed: duration

      6. 43. Power to obtain information and carry out inspections

   3. Ending joint tenancies

      1. 44. Private residential tenancies: ending a joint tenancy

   4. Ending student tenancies

      1. 45. Student residential tenancies: power to enable tenant to bring tenancy to an end

   5. Social landlords: qualifying repairs

      1. 46. Social landlords: qualifying repairs

   6. Tolerable standard: damp

      1. 47. Tolerable standard: damp

   7. Succession to tenancies: qualifying periods

      1. 48. Private residential tenancies: succession

      2. 49. Scottish secure tenancies: succession

   8. Delivery of notices etc.

      1. 50. Social landlords: delivery of notices etc.

   9. Converting older tenancies

      1. 51. Assured tenancies: power to convert

6. Part 5 Homelessness prevention

   1. Duties of relevant bodies

      1. 52. Duties of relevant bodies in relation to homelessness

   2. Homeless persons: intentionality

      1. 53. Power to modify provision about a person becoming homeless intentionally

   3. Assessment of housing support services

      1. 54. Assessment of housing support services

   4. Tenants affected by domestic abuse

      1. 55. Local authorities etc.: consideration of domestic abuse

      2. 56. Social landlords: pre-action requirement where domestic abuse is a factor in rent arrears

      3. 57. Social landlords: policies about supporting tenants affected by domestic abuse

      4. 58. Scottish Social Housing Charter: supporting tenants affected by domestic abuse

   5. Housing First

      1. 59. Annual report on Housing First

7. Part 6 Other housing matters

   1. Mobile homes

      1. 60. Mobile homes: jurisdiction of the First-tier Tribunal for Scotland

      2. 61. New pitch fees: considerations

      3. 62. Meaning of “protected site”

   2. Decisions of the Scottish Housing Regulator: reviews and appeals

      1. 63. Decisions of the Scottish Housing Regulator: reviews and appeals

   3. Property factors

      1. 64. Registration: fit and proper person considerations

      2. 65. Revocation of registration: where property factor no longer exists

      3. 66. Removal from register following application

      4. 67. Note on register where refusal or removal

      5. 68. Property factor registered numbers: inclusion in communications

      6. 69. Monitoring of compliance

   4. Managers of related properties

      1. 70. Power for majority of owners to dismiss and appoint manager

   5. Fuel poverty

      1. 71. Fuel poverty strategy: consultation

      2. 72. Periodic reports: periods, consultation and publication etc.

      3. 73. Advisory panel: removal of funding cap

   6. New homes ombudsman

      1. 74. Disclosure of information to new homes ombudsman

   7. Council tax

      1. 75. Variation of council tax for unoccupied dwellings

      2. 76. Review of council tax arrears: joint and several liability

      3. 77. Review of classification of properties

   8. Housing revenue accounts

      1. 78. Transfer of funds into housing revenue account

   9. Housing emergency

      1. 79. Power to make provision about the declaration of a national housing emergency

      2. 80. Guidance for local authorities about a local housing emergency

8. Part 7 Impact Assessment

   1. 81. Rural impact assessment

9. Part 8 Final provisions

   1. 82. Regulations

   2. 83. Ancillary provision

   3. 84. Interpretation

   4. 85. Minor and consequential modifications

   5. 86. Commencement

   6. 87. Short title

10. 1. Schedule

       Minor and consequential modifications of enactments

       1. 1. Rent (Scotland) Act 1984

       2. 2. Housing (Scotland) Act 1988

       3. 3. Housing (Scotland) Act 2001

       4. 4. Housing (Scotland) Act 2006

       5. 5. Property Factors (Scotland) Act 2011

       6. 6. Housing (Scotland) Act 2014

       7. 7. Private Housing (Tenancies) (Scotland) Act 2016