Explanatory Notes

Housing (Scotland) Act 2025

2025 asp 13

6 November 2025

Crown Application

Schedule - Minor and Consequential Amendments

Rent (Scotland) Act 1984

Paragraph 1

210.Under section 89A of the 1984 Act, as read with section 20(1) of the 2016 Act, the Scottish Ministers may, by regulations, make provision about sums which may be charged in connection with the grant, renewal or continuance of a PRT. The regulations may, in particular, specify categories of sum that are not to be treated as a premium for the purposes of Part 8 of the 1984 Act. Paragraph 1 of this schedule modifies section 89A so that any such regulations may include ancillary provision of the type mentioned and may modify any enactment (including section 90(3) of the 1984 Act which declares that certain deposits are not premiums for the purposes of Part 8).

Housing (Scotland) Act 1988

Paragraph 2

211.This paragraph modifies section 53(2) of the 1988 Act in consequence of subsections (6) and (7) of new section 20A of that Act (inserted by section 30(2) of the 2025 Act), and subsection (5) and (6) of section 37 of that Act (inserted by section 32(3) of the 2025 Act). Section 20A(7) provides that regulations made under section 20A(6) are subject to the affirmative procedure, and section 37(6) provides that regulations made under section 37(5) are subject to the affirmative procedure. The modification made to section 53(2) ensures that the default negative procedure for regulations under the 1988 Act does not apply to regulations under new sections 20A(6) and 37(5).

Housing (Scotland) Act 2001

Paragraph 3

212.This paragraph modifies section 109 of the 2001 Act. Sub-paragraph (2)(a) inserts a new subsection (2A) so that regulations under paragraph 8B in Part 1A of schedule 5 of the 2001 Act (inserted by section 36(3) of the 2025 Act) may specify the content and form of, and manner of giving, an application under paragraph 8A of that Part. Sub-paragraph (2)(b) and (c) modifies subsections (4) and (6) so that regulations under sections 16A(6), 31B(1), 31C(1) and 36A(6) of the 2001 Act (inserted by section 29(2) and (3) and 36(2) of the 2025 Act) are subject to the affirmative procedure. Sub-paragraph (3) modifies the title of schedule 5 of the 2001 Act to take account of section 36(3) of the 2025 Act.

Housing (Scotland) Act 2006

Paragraph 4

213.This paragraph modifies section 182(2)(b) of the 2006 Act to remove an unnecessary (repeated) word.

Property Factors (Scotland) Act 2011

Paragraph 5

214.This paragraph modifies the title of section 8, and sections 9, 15 and 30, of the 2011 Act in consequence of the changes made to the 2011 Act by sections 64 to 69 of the 2025 Act.

Housing (Scotland) Act 2014

Paragraph 6

215.Section 36 of the 2014 Act requires a registered letting agent to take all reasonable steps to ensure that the agent’s letting agent registration number is included in, among other things, any communication in relation to the agent’s letting agency work or a communication of a type specified by order. This paragraph modifies the meaning of communication in section 36 so that it includes electronic communications sent to, or placed on, a website by or on behalf of the agent.

Private Housing (Tenancies) (Scotland) Act 2016

Paragraph 7

216.This paragraph modifies Part 4 (including the repeal of section 24(2) and Chapter 3), sections 73, 76, 77 and 78 and schedule 2 of the 2016 Act.

217.Sub-paragraph (2)(a) repeals section 24(2) in consequence of sub-paragraph (3). Subsection (2)(b) extends the period, from 21 days to 30 days, within which a tenant may under section 24 of the 2016 Act make a referral to a rent officer after receiving a rent-increase notice.

218.Sub-paragraph (3) repeals Chapter 3 of Part 4 as it is no longer needed in consequence of alternative provision for the designation of rent control areas under Chapter 1 of Part 1 of the 2025 Act.

219.Sub-paragraph (4) modifies section 73 so that an error in completing a notice, referral, application or request (as the case may be) under new sections 43L(1), 43N(2), 43Q(1), 64B(1), or (2), 64C(2), 64I(1) or (2) or 64J(2) (inserted by sections 23(4) and 35(2) of the 2025 Act) does not make the document invalid unless the error materially affects the effect of the document.

220.Sub-paragraph (5) modifies section 76 so that ancillary regulations under subsection (1) of that section may modify any enactment (including other subordinate legislation).

221.Sub-paragraph (6) modifies section 77 as follows—

222.Sub-paragraph (7) modifies section 78 to add definitions for the expressions “2025 Act”, “rent control area” and “rent-increase notice”.

223.Sub-paragraph (8) modifies paragraph 2 of schedule 2 in consequence of new Part 4A of the 2016 Act (inserted by section 23(4) of the 2025 Act).