http://www.legislation.gov.uk/asp/2025/13/notes/contentsExplanatory Notes to Housing (Scotland) Act 2025Scottish GovernmentenKing's Printer for Scotland2026-04-16 Housing (Scotland) Act 2025 Introduction Interpretation The Act Crown ApplicationPart 1 – RentChapter 1 – Designation of rent control areasRent conditions: assessments and reportsSection 1 - Periodic assessment of rent conditionsSection 2 - Reports to Scottish Ministers following periodic assessmentConsideration of rent conditions reportsSection 3 - Interim assessment and reports by local authoritySection 4 - Scottish Ministers to review local authority reportSection 5 - Further assessment of rent conditions and report by local authorityMinisterial guidance on local authority assessments and reportsSection 6 - Ministerial guidance on assessments of rent conditionsSection 7 - Ministerial guidance on reports following assessments of rent conditionsMinisters’ decision on whether to designate rent control areaSection 8 - Scottish Ministers’ duty to reportSection 9 - Power to designate rent control areaSection 10 - Designation of rent control area: consultationSection 11 - Duty to keep rent control area under reviewSection 12 - Variation of rent controls in existing rent control area: consultationProperties subject to modified restrictionsSection 13 - Properties subject to modified rent control area restrictionsPower to seek information relating to tenanciesSection 14 - Information that may be sought by local authority or the Scottish MinistersSection 15 - Information sharing and cooperation between local authorities and the Scottish MinistersSection 16 - Information holder’s failure to provide information soughtSection 17 - Information holder’s provision of false informationSection 18 - Scottish Ministers’ request for landlord information from local authoritiesSection 19 - Power to require landlords to provide informationExpiry of rent control area: power to modify lawSection 20 - Power to modify law in connection with the expiry of rent control areaScottish Ministers: information and researchSection 21 - Scottish Ministers: information and researchChapter 2 – Rent control areas: modifications of the 2016 ActInformation about rent to be included in advertisementsSection 22 - Prospective landlords’ duty to include information about rent in advertisementsSetting and variation of rentSection 23 - Setting and variation of rentChapter 3 - Other restrictions on rent increasesFrequency of rent increasesSection 24 - Private residential tenancies not in rent control area: frequency of rent increaseCapping of rent increases on referral or appealSection 25 - Private residential tenancies: capping of rent increaseSection 26 - Assured tenancies: capping of rent increaseChapter 4 - Review of the operation of Part 1 of the ActSection 27 - Review of the operation of Part 1 of the ActPart 2 – Dealing With EvictionsEvictions: duties to consider delaySection 28 - Private residential tenancies: duty to consider delay to evictionSection 29 - Scottish secure tenancies etc.: duty to consider delay to evictionSection 30 - Assured tenancies: duty to consider delay to evictionSection 31 - Protected tenancies and statutory tenancies: duty to consider delay to evictionDamages for unlawful evictionSection 32 - Unlawful eviction: notification and damagesEviction groundsSection 33 – Review of eviction groundsPayments for wrongful terminationSection 34 - Payments for wrongful terminationPart 3 - Keeping Pets and Making Changes to Let PropertySection 35 - Private residential tenancies: keeping pets and making changes to let propertySection 36 - Scottish secure tenancies etc.: keeping petsPart 4 – Other Matters Relating to TenantsUnclaimed tenancy depositsSection 37 - Use of unclaimed depositsRegistration of letting agents etc.Section 38 - Applications for registrationSection 39 - Duty to inform: change of circumstancesSection 40 - Revocation of registration: where agent no longer existsSection 41 - Removal from register on application: notification of agentSection 42 - Note on register where entry refused or removed: durationSection 43 - Power to obtain information and carry out inspectionsEnding joint tenanciesSection 44 - Private residential tenancies: ending a joint tenancyEnding student tenanciesSection 45 - Student residential tenancies: power to enable tenant to bring tenancy to an endSocial landlords: qualifying repairsSection 46 - Social landlords: qualifying repairsTolerable standard: dampSection 47 - Tolerable standard: dampSuccession to tenancies: qualifying periodsSection 48 - Private residential tenancies: successionSection 49 - Scottish secure tenancies: successionDelivery of notices etc.Section 50 - Social landlords: delivery of notices etc.Converting older tenanciesSection 51 - Assured tenancies: power to convertPart 5 - Homelessness PreventionDuties of relevant bodiesSection 52 - Duties of relevant bodies in relation to homelessnessHomeless persons: intentionalitySection 53 - Power to modify provision about a person becoming homeless intentionallyAssessment of housing support servicesSection 54 - Assessment of housing support servicesTenants affected by domestic abuseSection 55 - Local authorities etc.: consideration of domestic abuseSection 56 - Social landlords: pre-action requirement where domestic abuse is a factor in rent arrearsSection 57 - Social landlords: policies about supporting tenants affected by domestic abuseSection 58 - Scottish Social Housing Charter: supporting tenants affected by domestic abuseHousing FirstSection 59 - Annual report on Housing FirstPart 6 - Other Housing MattersMobile homesSection 60 - Mobile homes: jurisdiction of the First-tier Tribunal for ScotlandSection 61 - New pitch fees: considerationsSection 62 - Meaning of “protected site”Decisions of the Scottish Housing Regulator: reviews and appealsSection 63 - Decisions of the Scottish Housing Regulator: reviews and appealsProperty factorsSection 64 - Registration: fit and proper person considerationsSection 65 - Revocation of registration: where property factor no longer existsSection 66 - Removal from register following applicationSection 67 - Note on register where refusal or removalSection 68 - Property factor registered numbers: inclusion in communicationsSection 69 - Monitoring of complianceManager of related propertiesSection 70 – Power for majority of owners to dismiss and appoint managerFuel povertySection 71 - Fuel poverty strategy: consultationSection 72 - Periodic reports: periods, consultation and publication etc.Section 73 - Advisory panel: removal of funding capNew homes ombudsmanSection 74 - Disclosure of information to new homes ombudsmanCouncil taxSection 75 - Variation of council tax for unoccupied dwellingsSection 76 - Review of council tax arrears: joint and several liabilitySection 77 – Review of classification of propertiesHousing revenue accountsSection 78 - Transfer of funds into the housing revenue accountEmergency housingSection 79 – Power to make provision about the declaration of a national housing emergencySection 80 – Guidance for local authorities about a local housing emergencyPart 7 – Impact AssessmentSection 81 – Rural impact assessmentPart 8 - Final ProvisionsSection 82 - RegulationsSection 83 - Ancillary provisionSection 84 - InterpretationSection 85 - Minor and consequential modificationsSection 86 - CommencementSection 87 - Short titleSchedule - Minor and Consequential AmendmentsRent (Scotland) Act 1984Paragraph 1 Housing (Scotland) Act 1988Paragraph 2 Housing (Scotland) Act 2001Paragraph 3 Housing (Scotland) Act 2006Paragraph 4 Property Factors (Scotland) Act 2011Paragraph 5 Housing (Scotland) Act 2014Paragraph 6 Private Housing (Tenancies) (Scotland) Act 2016Paragraph 7 Parliamentary History