Housing (Scotland) Act 2025

1. Introduction

2. Interpretation

3. The Act

4. Crown Application

   1. Part 1 – Rent

      1. Chapter 1 – Designation of rent control areas

         1. Rent conditions: assessments and reports

            1. Section 1 - Periodic assessment of rent conditions

            2. Section 2 - Reports to Scottish Ministers following periodic assessment

         2. Consideration of rent conditions reports

            1. Section 3 - Interim assessment and reports by local authority

            2. Section 4 - Scottish Ministers to review local authority report

            3. Section 5 - Further assessment of rent conditions and report by local authority

         3. Ministerial guidance on local authority assessments and reports

            1. Section 6 - Ministerial guidance on assessments of rent conditions

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

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

            1. Section 8 - Scottish Ministers’ duty to report

            2. Section 9 - Power to designate rent control area

            3. Section 10 - Designation of rent control area: consultation

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

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

         5. Properties subject to modified restrictions

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

         6. Power to seek information relating to tenancies

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

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

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

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

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

            6. Section 19 - Power to require landlords to provide information

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

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

         8. Scottish Ministers: information and research

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

         2. Setting and variation of rent

            1. Section 23 - Setting and variation of rent

      3. Chapter 3 - Other restrictions on rent increases

         1. Frequency of rent increases

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

         2. Capping of rent increases on referral or appeal

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

            2. Section 26 - Assured tenancies: capping of rent increase

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

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

   2. Part 2 – Dealing With Evictions

      1. Evictions: duties to consider delay

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

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

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

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

      2. Damages for unlawful eviction

         1. Section 32 - Unlawful eviction: notification and damages

      3. Eviction grounds

         1. Section 33 – Review of eviction grounds

      4. Payments for wrongful termination

         1. Section 34 - Payments for wrongful termination

   3. Part 3 - Keeping Pets and Making Changes to Let Property

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

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

   4. Part 4 – Other Matters Relating to Tenants

      1. Unclaimed tenancy deposits

         1. Section 37 - Use of unclaimed deposits

      2. Registration of letting agents etc.

         1. Section 38 - Applications for registration

         2. Section 39 - Duty to inform: change of circumstances

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

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

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

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

      3. Ending joint tenancies

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

      4. Ending student tenancies

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

      5. Social landlords: qualifying repairs

         1. Section 46 - Social landlords: qualifying repairs

      6. Tolerable standard: damp

         1. Section 47 - Tolerable standard: damp

      7. Succession to tenancies: qualifying periods

         1. Section 48 - Private residential tenancies: succession

         2. Section 49 - Scottish secure tenancies: succession

      8. Delivery of notices etc.

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

      9. Converting older tenancies

         1. Section 51 - Assured tenancies: power to convert

   5. Part 5 - Homelessness Prevention

      1. Duties of relevant bodies

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

      2. Homeless persons: intentionality

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

      3. Assessment of housing support services

         1. Section 54 - Assessment of housing support services

      4. Tenants affected by domestic abuse

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

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

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

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

      5. Housing First

         1. Section 59 - Annual report on Housing First

   6. Part 6 - Other Housing Matters

      1. Mobile homes

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

         2. Section 61 - New pitch fees: considerations

         3. Section 62 - Meaning of “protected site”

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

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

      3. Property factors

         1. Section 64 - Registration: fit and proper person considerations

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

         3. Section 66 - Removal from register following application

         4. Section 67 - Note on register where refusal or removal

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

         6. Section 69 - Monitoring of compliance

      4. Manager of related properties

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

      5. Fuel poverty

         1. Section 71 - Fuel poverty strategy: consultation

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

         3. Section 73 - Advisory panel: removal of funding cap

      6. New homes ombudsman

         1. Section 74 - Disclosure of information to new homes ombudsman

      7. Council tax

         1. Section 75 - Variation of council tax for unoccupied dwellings

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

         3. Section 77 – Review of classification of properties

      8. Housing revenue accounts

         1. Section 78 - Transfer of funds into the housing revenue account

      9. Emergency housing

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

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

   7. Part 7 – Impact Assessment

      1. Section 81 – Rural impact assessment

   8. Part 8 - Final Provisions

      1. Section 82 - Regulations

      2. Section 83 - Ancillary provision

      3. Section 84 - Interpretation

      4. Section 85 - Minor and consequential modifications

      5. Section 86 - Commencement

      6. Section 87 - Short title

   9. Schedule - Minor and Consequential Amendments

      1. Rent (Scotland) Act 1984

         1. Paragraph 1

      2. Housing (Scotland) Act 1988

         1. Paragraph 2

      3. Housing (Scotland) Act 2001

         1. Paragraph 3

      4. Housing (Scotland) Act 2006

         1. Paragraph 4

      5. Property Factors (Scotland) Act 2011

         1. Paragraph 5

      6. Housing (Scotland) Act 2014

         1. Paragraph 6

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

         1. Paragraph 7

5. Parliamentary History