Housing (Scotland) Act 2025

Prospective

Part 1 S Rent

Chapter 1 S Designation of rent control areas

Rent conditions: assessments and reports S

1 Periodic assessment of rent conditions S

(1) Each local authority must, by no later than the end of each reporting period—

(a) carry out an assessment of—

(i) the level of rent payable under relevant tenancies of properties in the area of the local authority,

(ii) the rate of increase in rent payable under relevant tenancies of properties in the area of the local authority, and

(iii) the impact that the level of rent and rate of increase in rent payable under relevant tenancies of properties has on properties, tenants and landlords in rural areas within the local authority where applicable, and

(b) prepare and submit a report in relation to the assessment to the Scottish Ministers (see section 2).

(2) In subsection (1), “reporting period”—

(a) in the case of the first report of a local authority under that subsection, means the period ending with 31 May 2027,

(b) in the case of each subsequent report of a local authority under that subsection, means the period of 5 years beginning with the day following the end of the reporting period relating to the local authority’s previous report under that subsection.

(3) The Scottish Ministers may by regulations amend subsection (2)(a) to, for the date specified in that subsection, substitute another date.

(4) The Scottish Ministers may by regulations amend subsection (2)(b) to—

(a) for the time period for the time being specified in that subsection—

(i) substitute another time period by which one or more subsequent reports must be submitted,

(ii) specify a date (or dates) by which one or more subsequent reports must be submitted,

(b) for the date (or dates) for the time being specified in that subsection (such specification having been made as mentioned in paragraph (a)(ii)), substitute a date (or dates) by which one or more subsequent reports must be submitted.

(5) In this Chapter—

• “assessment of rent conditions” means an assessment of the matters mentioned in subsection (1)(a),

• “relevant tenancy” means a private residential tenancy, or an assured tenancy under the Housing (Scotland) Act 1988.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 86(2)

2 Report to Scottish Ministers following periodic assessment S

(1) A local authority’s report under section 1(1) must—

(a) include details of the assessment of rent conditions carried out by the local authority,

(b) state—

(i) whether or not it recommends to the Scottish Ministers that they designate all or any part of the area of the local authority as a rent control area under section 9(1), and

(ii) the reasons for any such recommendation.

(2) In its report under section 1(1), a local authority may recommend the designation of any area as a rent control area only if the local authority is of the opinion that the introduction of measures to control the rate at which rent payable under private residential tenancies of properties in the area is increasing is necessary to protect the social and economic interests of tenants in the area.

(3) Where a local authority recommends under subsection (1)(b)(i) that part of the area of the local authority should be designated as a rent control area, the authority may, where the authority considers it appropriate, specify the part (including its boundary) by reference to a street, all or part of an electoral ward or another appropriate existing boundary.

(4) Where a report includes a recommendation as mentioned in subsection (2) that an area be designated as a rent control area, the report must include a plan identifying the boundary of the area.

(5) In this Chapter, “rent control area” means an area that is designated as a rent control area by regulations under section 9(1).

Commencement Information

I2 S. 2 not in force at Royal Assent, see s. 86(2)

3 Interim assessment and reports by local authorities S

(1) Subsection (2) applies where a local authority considers that, since the submission of the most recent report under section 1(1) in relation to the area of the local authority—

(a) there has been a significant change in—

(i) the level of rents under relevant tenancies in the area (or any part of it), or

(ii) the rate of increase in rents under relevant tenancies in the area (or any part of it), and

(b) the change may affect the need to designate the area (or any part of it) as a rent control area.

(2) The local authority may (in addition to the duty to carry out a periodic assessment of rent conditions and to submit a subsequent report under section 1(1)) carry out an interim assessment of rent conditions in relation to its area of (either or both)—

(a) the level of rents in the area (or any part of it),

(b) the rate of increase in rents in the area (or any part of it).

(3) Where a local authority is carrying out an interim assessment of rent conditions under subsection (2), it must inform the Scottish Ministers in writing of that fact.

(4) Subsection (5) applies where the Scottish Ministers consider that, since the submission by a local authority of its most recent report under section 1(1), there has been a significant change in—

(a) the level of rents under relevant tenancies in the area of the local authority (or any part of it), or

(b) the rate of increase in rents under relevant tenancies in the area of the local authority (or any part of it).

(5) The Scottish Ministers may direct the local authority (in addition to the duty to carry out a periodic assessment of rent conditions and to submit a subsequent report under section 1(1)) to carry out an interim assessment of rent conditions in relation to its area of (either or both)—

(a) the level of rents in the area (or any part of it),

(b) the rate of increase in rents in the area (or any part of it).

(6) Where a local authority has carried out an interim assessment of rent conditions under subsection (2), it must prepare a report relating to the assessment and submit it to the Scottish Ministers as soon as is reasonably practicable following the completion of the interim assessment.

(7) Where a local authority has carried out an interim assessment of rent conditions under subsection (5), it must prepare a report relating to the assessment and submit it to the Scottish Ministers in accordance with any time limit specified in the Scottish Ministers’ direction given under that subsection.

(8) A direction under subsection (5) must—

(a) be given in writing, and

(b) be published in such manner as the Scottish Ministers consider appropriate.

Commencement Information

I3 S. 3 not in force at Royal Assent, see s. 86(2)

Consideration of rent conditions reports S

4 Scottish Ministers to review local authority report S

The Scottish Ministers must consider a report received from a local authority under—

(a) section 1(1),

(b) section 3(6), or

(c) section 3(7),

as soon as reasonably practicable after receipt of the report.

Commencement Information

I4 S. 4 not in force at Royal Assent, see s. 86(2)

5 Further assessment of rent conditions and report by local authority S

(1) Subsection (2) applies if the Scottish Ministers, having considered a report from a local authority as mentioned in section 4, or pursuant to a direction under subsection (2), are of the opinion that—

(a) the assessment of rent conditions to which the report relates was not adequate, or

(b) the local authority did not have regard to the Scottish Ministers’ relevant guidance in connection with—

(i) the carrying out of its assessment of rent conditions on which the report is based, or

(ii) the preparation of the report.

(2) The Scottish Ministers may direct the local authority to carry out a further assessment of rent conditions and submit a further report in relation to that assessment.

(3) A direction under subsection (2) must—

(a) be given in writing, and

(b) specify the timing and manner of the local authority’s further assessment and report.

(4) A requirement to submit a further report in accordance with a direction under subsection (2) does not affect the duty of a local authority to submit a periodic report under section 1(1).

(5) In subsection (1)(b), “relevant guidance” means—

(a) in relation to the carrying out of an assessment, guidance issued under section 6(1),

(b) in relation to the preparation of a report, guidance issued under section 7(1).

Commencement Information

I5 S. 5 not in force at Royal Assent, see s. 86(2)

Ministerial guidance on local authority assessments and reports S

6 Ministerial guidance on assessments of rent conditions S

(1) The Scottish Ministers may issue guidance to local authorities about the carrying out of assessments of rent conditions under section 1(1), 3(2) or (5), or 5(2).

(2) Guidance issued under subsection (1) may, in particular, include provision about—

(a) the nature of an assessment of rent conditions including different stages of an assessment,

(b) the matters to be considered by a local authority in carrying out an assessment,

(c) action to be taken by a local authority in the course of carrying out an assessment,

(d) matters to be taken into account in identifying discrete parts of the area of the local authority that are to be considered individually as part of an assessment,

(e) matters to be taken into account by a local authority in assessing whether the level of rent payable under relevant tenancies of properties in an area is to be considered by the local authority as being too high,

(f) matters to be taken into account by a local authority in assessing whether the rate at which rent payable under relevant tenancies of properties in an area is increasing is to be considered by the local authority as being too high.

(3) Before issuing guidance under subsection (1), the Scottish Ministers must consult—

(a) local authorities,

(b) persons who appear to them to represent the interests of tenants and landlords, and

(c) persons who appear to them to represent the interests of rural communities.

(4) The requirement to consult under subsection (3) may be met by consultation carried out before this section comes into force.

(5) The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.

(6) In carrying out an assessment of rent conditions mentioned in subsection (1), a local authority must have regard to any guidance issued under that subsection.

Commencement Information

I6 S. 6 not in force at Royal Assent, see s. 86(2)

7 Ministerial guidance on reports following assessments of rent conditions S

(1) The Scottish Ministers must issue guidance to local authorities about reports to be prepared under section 1(1), 3(6) or (7), or 5(2).

(2) The first guidance about reports to be prepared under each of the provisions mentioned in subsection (1) must be issued within the period of 9 months beginning with the day on which the provision in question comes into force.

(3) Guidance under subsection (1) may, in particular, include provision about—

(a) the form in which a report is to be prepared,

(b) the information to be included in a report, including—

(i) the reasons for recommending the designation of an area as a rent control area,

(ii) any documents to be submitted with the report,

(c) the anonymising of—

(i) information to be included in the report,

(ii) documents to be submitted with the report,

(d) matters to be considered by local authorities in deciding whether to recommend the designation of an area as a rent control area,

(e) the identification of such an area with reference to a plan,

(f) any other criteria or thresholds applying to a recommendation to designate an area as a rent control area.

(4) Before issuing guidance under subsection (1), the Scottish Ministers must consult—

(a) local authorities, and

(b) persons who appear to them to represent the interests of tenants and landlords.

(5) The requirement to consult under subsection (4) may be met by consultation carried out before this section comes into force.

(6) The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.

(7) In preparing and submitting a report mentioned in subsection (1), a local authority must have regard to any guidance issued by the Scottish Ministers under that subsection.

Commencement Information

I7 S. 7 not in force at Royal Assent, see s. 86(2)

Ministers’ decision on whether to designate rent control area S

8 Scottish Ministers’ duty to report S

(1) The Scottish Ministers, having considered a report from a local authority under section 4 or a further report mentioned in section 5(2), must prepare and publish a report—

(a) stating—

(i) whether or not they propose to lay a draft of a Scottish statutory instrument containing regulations under section 9(1) designating all or part of the area of the local authority as a rent control area, and

(ii) the reasons for their decision,

(b) including an explanation of such other matters as the Scottish Ministers consider appropriate.

(2) The Scottish Ministers must publish the report prepared by them—

(a) as soon as reasonably practicable after receiving the relevant local authority report,

(b) in such manner as they consider appropriate.

Commencement Information

I8 S. 8 not in force at Royal Assent, see s. 86(2)

9 Power to designate rent control area S

(1) Having considered a report from a local authority under section 4, or a further report mentioned in section 5(2), the Scottish Ministers may by regulations designate all or part of the area of the local authority as a rent control area.

(2) But the Scottish Ministers may designate under subsection (1) all or part of the area of a local authority only if they are satisfied that restricting the rate of increase in rent payable under private residential tenancies in the area to be designated—

(a) is necessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area, and

(b) is a necessary and proportionate control of landlords’ use of their property in the area.

(3) Any regulations under subsection (1) cease to have effect on the expiry of the period of 5 years beginning with the day on which the regulations come into force (unless they are revoked before the expiry of that period).

Commencement Information

I9 S. 9 not in force at Royal Assent, see s. 86(2)

10 Designation of rent control area: consultation S

(1) Before laying a draft of a Scottish statutory instrument containing regulations under section 9(1) designating an area as a rent control area (“the proposed rent control area”), the Scottish Ministers must consult—

(a) the local authority within whose area the proposed rent control area is situated,

(b) persons who appear to them to represent the interests of tenants and landlords under relevant tenancies of properties in the proposed rent control area.

(2) The Scottish Ministers must—

(a) consult the persons referred to in subsection (1) in relation to the specification of the area forming the proposed rent control area,

(b) allow a period of not less than 8 weeks for any representations to be made in response to the consultation.

(3) When laying a draft of a Scottish statutory instrument containing regulations mentioned in subsection (1) before the Scottish Parliament, the Scottish Ministers must also lay before the Parliament a report—

(a) setting out the reasons why they consider that the regulations should be made including the reasons for the specification of the area to be designated as a rent control area,

(b) describing—

(i) the consultation carried out under subsection (1),

(ii) any representations received in response to the consultation, and

(iii) the changes (if any) from what was originally proposed as a result of those representations.

Commencement Information

I10 S. 10 not in force at Royal Assent, see s. 86(2)

11 Duty to keep rent control area under review S

(1) The Scottish Ministers must keep under review the designation and size of each rent control area designated by existing regulations under section 9(1).

(2) Where the Scottish Ministers consider that it is no longer necessary or proportionate to designate all or part of a rent control area as such, the Scottish Ministers must as soon as reasonably practicable lay a draft of a Scottish statutory instrument containing regulations under section 9(1) before the Scottish Parliament to—

(a) revoke the existing regulations, or

(b) vary the existing regulations to reduce the size of the rent control area as they consider appropriate.

Commencement Information

I11 S. 11 not in force at Royal Assent, see s. 86(2)

12 Variation of rent controls in existing rent control area: consultation S

(1) This section applies where the Scottish Ministers propose to reduce the size of a rent control area designated by regulations under section 9(1).

(2) Before laying a draft of a Scottish statutory instrument containing regulations under section 9(1) before the Scottish Parliament to provide for that variation, the Scottish Ministers must—

(a) consult—

(i) the local authority within whose area the rent control area is situated,

(ii) persons who appear to them to represent the interests of tenants and landlords under relevant tenancies of properties in the rent control area, and

(b) allow a period of not less than 8 weeks for any representations to be made in response to the consultation.

(3) When laying a draft of a Scottish statutory instrument containing regulations mentioned in subsection (2) before the Scottish Parliament, the Scottish Ministers must also lay before the Parliament a report—

(a) setting out the reasons why they consider that the size of the rent control area should be reduced, and

(b) describing—

(i) the consultation carried out under subsection (2),

(ii) any representations received in response to the consultation, and

(iii) the changes (if any) from what was originally proposed as a result of those representations.

Commencement Information

I12 S. 12 not in force at Royal Assent, see s. 86(2)

Properties subject to modified restrictions S

13 Properties subject to modified rent control area restrictions S

(1) The Scottish Ministers may by regulations make provision for or in connection with a landlord under a private residential tenancy of a specified property in a rent control area—

(a) to increase, with approval from such person as may be specified in the regulations, the rent payable under the tenancy by more than the permitted rate,

(b) to increase, without such approval, the rent payable under the tenancy by more than the permitted rate.

(2) In subsection (1)—

• “permitted rate” has the meaning given by section 43D of the 2016 Act,

• “specified property” means a property—

  (a)

  that is not an exempt property (within the meaning given by section 17D(1) of the 2016 Act), and

  (b)

  that is defined in regulations under subsection (1) by reference to such matters (or a combination of matters) as the Scottish Ministers consider appropriate including, in particular—

  (i)

  a description of the circumstances relating to the landlord of the property,

  (ii)

  a description of the circumstances relating to the tenant of the property,

  (iii)

  a description of the property according to its type.

(3) Regulations under paragraph (a) of subsection (1) may, in particular, specify the process by which a landlord may seek approval from a decision maker (such as a rent officer or the First-tier Tribunal) to increase the rent payable under the tenancy by an amount referred to in that paragraph.

(4) Regulations under subsection (1) may modify an enactment, so far as it relates to a specified property, for or in connection with—

(a) the method by which a landlord of a specified property may increase the rent payable under a private residential tenancy of a property in the area,

(b) any review or appeal—

(i) in connection with such an increase, or

(ii) of a decision relating to such an increase.

(5) In this section, references to increases in the rent payable under a private residential tenancy include references to—

(a) setting the initial rent under the tenancy (within the meaning of section 43G of the 2016 Act), and

(b) increasing the rent payable under the tenancy following a rent-increase notice (within the meaning of section 43L(1) of the 2016 Act).

(6) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—

(a) must consult persons who appear to them to represent the interests of tenants and landlords, and

(b) may consult any other person they consider appropriate.

(7) The requirement to consult under subsection (6)(a) may be met by consultation carried out before this section comes into force.

Commencement Information

I13 S. 13 not in force at Royal Assent, see s. 86(2)

Power to seek information relating to tenancies S

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

(1) A local authority may request the information mentioned in subsection (3), in relation to any house for which information is included in a person’s entry in the authority’s landlord register, from—

(a) the person whose entry in the register includes information in relation to the house, or

(b) any other person acting as landlord under a tenancy or occupancy arrangement granted by that person to which the house (or part of it) is subject.

(2) The Scottish Ministers may request the information mentioned in subsection (3), in relation to any house for which information is included in a person’s entry in the landlord register of any local authority, from—

(a) the person whose entry in the register includes information in relation to the house, or

(b) any other person acting as landlord under a tenancy or occupancy arrangement granted by that person to which the house (or part of it) is subject.

(3) The information referred to in subsections (1) and (2), in relation to any house (or part of the house) mentioned in either of those subsections, is—

(a) the address of the house,

(b) a description of the type of tenancy or occupancy arrangement to which the house (or part of it) is subject,

(c) the amount and frequency of rent payable under any relevant tenancy to which the house (or part of it) is subject,

(d) whether the rent payable includes payment of any costs associated with the house and, if it does, the amount of each such cost and the matter to which it relates,

(e) in relation to the most recent increase in the rent payable under any relevant tenancy to which the house (or part of it) is subject—

(i) the date of the rent increase, and

(ii) the amount and frequency of the rent payable under the tenancy immediately before the rent increase took effect,

(f) the size of the house (or where the tenancy or occupancy arrangement relates to part of the house, the size of that part of the house) including—

(i) the number of each of the following rooms in the house (or part of it)—

(A) bedrooms,

(B) public rooms,

(C) kitchens,

(D) bathrooms,

(E) other rooms,

(ii) the number of storeys in the house (or part of it), and

(iii) the floor area of the house (or part of it),

(g) whether the house (or part of it) is fully furnished, partially furnished or unfurnished by the landlord and, if it is partially furnished, a brief description of the furnishings provided by the landlord,

(h) the type of the house (such as whether it is a detached, semi-detached, terraced or flatted property),

(i) whether the house (or part of it) is subject to a tenancy or occupancy arrangement granted by a person other than the person entered in the relevant landlord register and, if it is, the name and address of, and other contact information for, the person acting as landlord under the tenancy or occupancy arrangement,

(j) the quality, state of repair, and energy efficiency of the house.

(4) A local authority or the Scottish Ministers may not exercise the power under subsection (1) or (2) (as the case may be) more than once in a 12 month period in respect of the same person in relation to the same information about the same house (or the same part of a house that is subject to more than one tenancy or occupancy arrangement).

(5) In addition, a local authority or the Scottish Ministers may request the information mentioned in subsection (3) in relation to a house mentioned in subsection (1) or (2) (as the case may be) from a person with a right to use the house (or part of it) under a tenancy or occupancy arrangement.

(6) The power conferred by subsection (1) or (5) may be exercised by a local authority—

(a) for the purpose of—

(i) enabling or assisting the exercise of any of its functions under this Chapter,

(ii) assisting the Scottish Ministers in the exercise of any of their functions under this Chapter,

(b) subject to subsection (4) and any guidance under subsection (8), at such times and intervals as it considers appropriate.

(7) The power conferred by subsection (2) or (5) may be exercised by the Scottish Ministers—

(a) for the purpose of or in connection with—

(i) enabling or assisting the exercise of any of their functions under this Chapter,

(ii) assisting a local authority in the exercise of any of its functions under this Chapter,

(b) subject to subsection (4), at such times and intervals as the Scottish Ministers consider appropriate.

(8) In making a request under subsection (1) or (5), a local authority must have regard to any guidance given by the Scottish Ministers about the form, content and frequency of such a request.

(9) In this section—

• “house” is to be construed in accordance with section 101 of the Antisocial Behaviour etc. (Scotland) Act 2004,

• “landlord register”, in relation to a local authority, means the register prepared and maintained by the local authority for the purpose of Part 8 of that Act,

• “occupancy arrangement” has the meaning given by section 101(1) of that Act,

• “relevant tenancy” has the meaning given by section 1(5) of this Act,

• “tenancy” includes a sub-tenancy.

(10) The Scottish Ministers may by regulations modify this section so as to add or remove information that may be requested by a local authority or by them under—

(a) subsection (1) or (2) (as the case may be), or

(b) subsection (5).

(11) The Scottish Ministers may by regulations modify this section so as to add or remove descriptions of persons from whom information may be sought by local authorities or the Scottish Ministers under subsection (1) or (2) (as the case may be).

Commencement Information

I14 S. 14 not in force at Royal Assent, see s. 86(2)

15 Information sharing and cooperation between local authorities and the Scottish Ministers S

(1) A local authority may share any information obtained by it under any provision of this Chapter with—

(a) the Scottish Ministers for the purpose of or in connection with—

(i) assisting the Scottish Ministers in the exercise of any of their functions under this Chapter, or

(ii) enabling or assisting the local authority in the exercise of any of its own functions under this Chapter, or

(b) another local authority for the purpose of or in connection with—

(i) assisting the other local authority in the exercise of any of its functions under this Chapter, or

(ii) enabling or assisting the local authority in the exercise of any of its own functions under this Chapter.

(2) The Scottish Ministers may share any information obtained by them under any provision of this Chapter with a local authority for the purpose of or in connection with—

(a) assisting the local authority in the exercise of any of its functions under this Chapter, or

(b) enabling or assisting the Scottish Ministers in the exercise of any of their own functions under this Chapter.

(3) In this section, references to sharing information obtained by a person under any provision of this Chapter include references to sharing information so obtained that has been collated, analysed or otherwise processed by (or on behalf of) the person.

(4) In exercising their powers under section 14(1) or (2), local authorities and the Scottish Ministers must cooperate with each other to seek to ensure that so far as possible they collectively do not make a request more than once in a 12 month period for the same information from the same person about the same house (or the same part of a house for which there is more than one tenancy or occupancy arrangement).

Commencement Information

I15 S. 15 not in force at Royal Assent, see s. 86(2)

16 Information holder’s failure to provide information sought S

(1) This section applies if—

(a) a requester issues a request for information to a person (“the information holder”) under section 14(1) or (2) (as the case may be), and

(b) the information holder fails to provide all of the information within the period of 28 days beginning with the day on which the information holder received the request (in this section, the information that has not been so provided by the information holder is referred to as “the outstanding information”).

(2) The requester may give notice in writing to the information holder of its intention to apply to the First-tier Tribunal for an order under subsection (6) unless the requester is satisfied that the information holder has provided all of the outstanding information to the relevant person during the relevant period.

(3) The requester may apply to the First-tier Tribunal for an order under subsection (6) only if it has given notice under subsection (2) to the information holder and either—

(a) the period of 28 days beginning with the day on which the information holder received the notice has ended and the information holder has not notified the requester in writing that the information holder has provided all of the outstanding information to the relevant person during the relevant period, or

(b) the information holder has notified the requester in writing within that 28 day period that the information holder has provided all of the outstanding information to the relevant person during the relevant period and the requester, having carried out a review and considered any written representations made by or on behalf of the information holder, is satisfied—

(i) on the conclusion of the review, that the information holder—

(A) has failed to provide it with any of the outstanding information, and

(B) has not provided this information to the relevant person during the relevant period, and

(ii) that the information holder does not have a reasonable excuse for the failure.

(4) But the requester may not apply to the First-tier Tribunal for an order under subsection (6) after the end of the period of 12 months beginning with the day on which the information holder received the request from the requester under section 14(1) or (2).

(5) Where an application is made by the requester under subsection (3), the First-tier Tribunal may make an order under subsection (6) if—

(a) at the time the First-tier Tribunal receives the application, the information holder—

(i) has failed to provide the requester with any of the outstanding information, and

(ii) has not provided this information to the relevant person during the relevant period, and

(b) the First-tier Tribunal is satisfied that the information holder does not have a reasonable excuse for the failure.

(6) An order under this subsection is one requiring the information holder to pay the requester an amount not exceeding £1,000.

(7) In making an order under subsection (6), the First-tier Tribunal may, if it considers it to be appropriate, also order the information holder to provide any of the outstanding information to the requester.

(8) In giving notice under subsection (2), a local authority must have regard to any guidance given by the Scottish Ministers about the form and content of such notices.

(9) In this section—

• “relevant period”, in relation to the request made by the requester, means the period of 12 months ending with the day on which the information holder received the request,

• “relevant person”—

  (a)

  where the requester is a local authority, means the Scottish Ministers,

  (b)

  where the requester is the Scottish Ministers, means the local authority for the area in which the house that is the subject of the requester’s request is situated,

• “requester” means—

  (a)

  in the case of a request under section 14(1), the local authority that made the request,

  (b)

  in the case of a request under section 14(2), the Scottish Ministers.

Commencement Information

I16 S. 16 not in force at Royal Assent, see s. 86(2)

17 Information holder’s provision of false information S

(1) This section applies if—

(a) a requester issues a request for information to a person (“the information holder”) under section 14(1) or (2) (as the case may be), and

(b) the information holder provided information in response to the request which the requester considers must have been known by the information holder to be false in a material way.

(2) The requester may give notice in writing to the information holder of its intention to apply to the First-tier Tribunal for an order under subsection (6).

(3) The requester may apply to the First-tier Tribunal for an order under subsection (6) only if it has given notice under subsection (2) to the information holder and either—

(a) the period of 28 days beginning with the day on which the information holder received the notice has ended and the information holder has not made a request in writing to the requester during that period that the requester carry out a review of its intention to apply to the First-tier Tribunal, or

(b) the information holder made a request in writing for such a review by the requester within that period and the requester, having carried out the review and considered any written representations made by or on behalf of the information holder, is satisfied that the information holder provided information in response to its request under section 14(1) or (2) that the information holder must have known to be false in a material way.

(4) But a requester may not apply to the First-tier Tribunal for an order under subsection (6) after the end of the period of 12 months beginning with the day on which the information holder received the request from the requester under section 14(1) or (2).

(5) Where an application is made by a requester under subsection (3) following a request for information made to an information holder under section 14(1) or (2), the First-tier Tribunal may make an order under subsection (6) if it is satisfied that the information holder, in purporting to comply with the request, provided information to the requester that the information holder must have known to be false in a material way.

(6) An order under this subsection is one requiring the information holder to pay the requester an amount not exceeding £1,000.

(7) In giving notice under subsection (2), a local authority must have regard to any guidance given by the Scottish Ministers about the form and content of such notices.

(8) In this section, “requester” has the meaning given by section 16.

Commencement Information

I17 S. 17 not in force at Royal Assent, see s. 86(2)

18 Scottish Ministers’ request for landlord information from local authorities S

(1) The Scottish Ministers may request from a local authority—

(a) the name and address of, and other contact information for, each person who is entered in the authority’s landlord register (“a registered person”),

(b) the name and address of, and other contact information for, any other person who is included in a registered person’s entry in the authority’s landlord register,

(c) the address of each house that is entered in each registered person’s entry in the authority’s landlord register, and

(d) the name, address and letting agent registration number (if any) of a letting agent of a registered person.

(2) The Scottish Ministers may exercise the power under subsection (1) for the purpose of or in connection with—

(a) enabling or assisting the exercise of any of their functions under this Chapter,

(b) assisting a local authority in the exercise of any of its functions under this Chapter.

(3) A local authority must provide the information requested by the Scottish Ministers under subsection (1) by no later than the end of the period of 28 days beginning with the day on which the local authority received the request.

(4) In subsection (1)—

• “house” is to be construed in accordance with section 101 of the Antisocial Behaviour etc. (Scotland) Act 2004,

• “landlord register”, in relation to a local authority, means the register prepared and maintained by the local authority for the purpose of Part 8 of that Act,

• “letting agent”, in relation to a registered person, means a person who is specified in the registered person’s entry in the landlord register of a local authority as acting for the registered person in relation to a lease or occupancy arrangement to which a house included in that entry is subject,

• “letting agent registration number”, in relation to a letting agent, means the number allocated to the letting agent under section 36(1) of the Housing (Scotland) Act 2014.

Commencement Information

I18 S. 18 not in force at Royal Assent, see s. 86(2)

Power to require landlords to provide information S

19 Power to require landlords to provide information S

(1) The Scottish Ministers may by regulations make provision for or in connection with a requirement for relevant information, relating to a house for which information is included in a local authority’s landlord register, to be provided by a relevant person to either—

(a) the Scottish Ministers, or

(b) the local authority (but not both).

(2) Regulations under subsection (1) may, in particular, make provision about—

(a) the times at which relevant information is to be provided,

(b) the purposes for which the information provided may be used by recipients of it,

(c) the sharing of the information, including among recipients of the information,

(d) the keeping, maintenance and accessibility of the information,

(e) the enforcement of any obligation imposed on a relevant person under the regulations,

(f) appeals against any decision taken or obligation imposed under the regulations,

(g) the conferral of powers to require a relevant person to pay a financial penalty or compensation for a failure to comply with an obligation imposed under the regulations.

(3) Regulations under subsection (1) may not require a relevant person to provide the same information in relation to the same house more than once in a 12 month period.

(4) In this section—

• “house” is to be construed in accordance with section 101 of the Antisocial Behaviour etc. (Scotland) Act 2004,

• “landlord register”, in relation to a local authority, means the register prepared and maintained by the local authority for the purpose of Part 8 of that Act,

• “occupancy arrangement” has the meaning given by section 101(1) of that Act,

• “relevant information”, in relation to a house mentioned in subsection (1), means information specified in regulations made under that subsection—

  (a)

  relating to the address, type and size of the house,

  (b)

  about the type of tenancy or occupancy arrangement to which the house (or part of it) is subject,

  (c)

  about any furnishings provided under the tenancy,

  (d)

  about the amount and frequency of rent payable under any relevant tenancy to which the house (or part of it) is subject,

  (e)

  about any costs associated with the house that are included as part of the rent payable, or

  (f)

  about the most recent increase in the rent payable under any relevant tenancy to which the house (or part of it) is subject,

• “relevant person”, in relation to a house mentioned in subsection (1), means—

  (a)

  the person whose entry in the local authority’s landlord register includes information relating to the house, or

  (b)

  any other person acting as landlord under a tenancy or occupancy arrangement granted by that person to which the house (or part of it) is subject,

• “relevant tenancy” has the meaning given by section 1(5) of this Act,

• “tenancy” includes a sub-tenancy.

(5) The Scottish Ministers may by regulations modify the meaning of “relevant information” in subsection (4) so as to add or remove descriptions of information.

(6) The Scottish Ministers may by regulations modify the meaning of “relevant person” in subsection (4) so as to add or remove descriptions of persons.

Commencement Information

I19 S. 19 not in force at Royal Assent, see s. 86(2)

Expiry of rent control area: power to modify law S

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

(1) In connection with the expiry or revocation of regulations under section 9(1) (meaning that an area of a local authority ceases to be designated as a rent control area), the Scottish Ministers may by regulations make provision for or in connection with—

(a) the method by which a landlord may increase the rent payable under a private residential tenancy of a property in the area,

(b) any review or appeal—

(i) in connection with such an increase, or

(ii) of a decision relating to such an increase.

(2) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—

(a) must consult persons who appear to them to represent the interests of tenants and landlords, and

(b) may consult any other person they consider appropriate.

(3) Regulations under subsection (1)—

(a) may modify any enactment (including this Act),

(b) cease to have effect on the expiry of a period of 12 months from the day on which the regulations come into force (unless they are revoked before the expiry of that period).

Commencement Information

I20 S. 20 not in force at Royal Assent, see s. 86(2)

Scottish Ministers: information and research S

21 Scottish Ministers: information and research S

(1) The Scottish Ministers may, for the purpose of or in connection with the matters mentioned in subsection (2)—

(a) conduct research and inquiries,

(b) publish statistics or other information in connection with the information obtained by them under any provision of this Chapter,

(c) encourage or assist other persons to do any of the things mentioned in paragraphs (a) and (b).

(2) The matters are—

(a) enabling or assisting the exercise of any of their functions under this Chapter,

(b) assisting the exercise of any of the functions of a local authority under this Chapter.

Commencement Information

I21 S. 21 not in force at Royal Assent, see s. 86(2)

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

Information about rent to be included in advertisements S

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

(1) The 2016 Act is modified as follows.

(2) After section 17 insert—

“Information about rent to be included in advertisements S

17A Prospective landlords’ duty to include information about rent in advertisements: property is not exempt property

(1) A person—

(a) who proposes to let a property that is not an exempt property in a rent control area (“the advertised property”) on an agreement that may give rise to a private residential tenancy, and

(b) who is communicating with another person by way of advertisement in writing with a view to entering into such an agreement,

must include the information mentioned in subsection (2) in the advertisement.

(2) The information referred to in subsection (1)—

(a) where the advertised property was let previously, is—

(i) the rent payable under the previous tenancy,

(ii) whether there was a relevant rent increase during the period of 12 months before the date on which the advertisement of the advertised property is published,

(iii) if there was such an increase, the date on which the most recent increase took effect,

(iv) the rent that the prospective landlord proposes to be payable under the tenancy (but see also subsection (3)),

(v) confirmation that the property is in a rent control area,

(b) where the advertised property was not let previously, is—

(i) the rent that the prospective landlord proposes to be payable under the tenancy,

(ii) confirmation that the property is in a rent control area.

(3) The information about the rent that the prospective landlord proposes to be payable under the tenancy (which must be included in the advertisement under subsection (2)(a)(iv)) must also mention that this proposed rent may change according to any variation in the consumer prices index before the start of any tenancy (in accordance with section 43G).

(4) For the purpose of subsection (2), subject to subsection (5), an advertised property was let previously if—

(a) there was a previous private residential tenancy or assured tenancy of property that is the same or substantially the same as the advertised property (“the previous tenancy”),

(b) the previous tenancy immediately preceded the proposed let of the advertised property, and

(c) the previous tenancy ended no more than 12 months before the date on which the advertisement of the advertised property is published.

(5) But an advertised property was not let previously if—

(a) the person who is to become the landlord under the proposed tenancy purchased the property with vacant possession, and

(b) the proposed tenancy is to be the first private residential tenancy of the property to be granted by that person since the purchase.

(6) The Scottish Ministers may by regulations—

(a) modify subsection (2) to add or remove information to be included in an advertisement referred to in subsection (1),

(b) modify subsection (4) or (5) to adjust the meaning of the expressions included in those subsections.

(7) In this section—

• “advertisement” includes any form of advertising whether—

  (a)

  to the public generally,

  (b)

  to any section of the public, or

  (c)

  individually to selected persons,

• “assured tenancy” means an assured tenancy under the Housing (Scotland) Act 1988,

• “consumer prices index” means—

  (a)

  the all items consumer prices index published by the Statistics Board, or

  (b)

  if that index is not published for a month, any substituted index or figures published by the Board,

• “exempt property” has the meaning given by section 17D(1),

• “relevant rent increase”, in relation to the advertised property, means—

  (a)

  an increase in the amount payable in rent under a private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the advertised property (“a relevant tenancy”),

  (b)

  a setting of the amount payable in rent at the start of a relevant tenancy (“tenancy A”) if—

  (i)

  that amount exceeded the amount payable in rent at the end of the relevant tenancy immediately preceding tenancy A (“tenancy B”),

  (ii)

  tenancy B ended no more than 12 months before the start of tenancy A, and

  (iii)

  tenancy A was not the first private residential tenancy or assured tenancy of the property granted by the landlord under the tenancy following the landlord’s purchase of the property with vacant possession.

(8) For the purpose of this section, whether property let (or to be let) under a tenancy is the same or substantially the same as property let under an earlier tenancy is to be determined with reference to a comparison between the description of each property in the terms applying to each tenancy.”.

(3) After section 17A (inserted by subsection (2)) insert—

“17B Prospective landlords’ duty to include information about property in advertisements: exempt property

(1) Subsection (2) applies where a person—

(a) is proposing to let a property that is an exempt property in a rent control area on an agreement that may give rise to a private residential tenancy, and

(b) is communicating with another person by way of advertisement in writing with a view to entering into such an agreement.

(2) The person must include in the advertisement—

(a) a statement that the property is an exempt property,

(b) information about the manner in which the property has been confirmed, in accordance with regulations under section 17D(1), as being an exempt property, and

(c) any number (including a registration number) associated with the confirmation of the property as an exempt property.

(3) In this section—

• “advertisement” has the same meaning as in section 17A,

• “exempt property” has the meaning given by section 17D(1).”.

Commencement Information

I22 S. 22 not in force at Royal Assent, see s. 86(2)

Setting and variation of rent S

23 Setting and variation of rent S

(1) The 2016 Act is modified as follows.

(2) The title of Part 4 (rent) becomes “Rent: properties not in a rent control area (or properties that are exempt properties)”.

(3) After the title of Chapter 1 of Part 4 but before the italic heading (“Restrictions on rent increases”) insert—

“Application of this Part S

17C Application of this Part

(1) This Part applies in relation to a private residential tenancy of a property that—

(a) is not in a rent control area, or

(b) is in a rent control area but is an exempt property.

(2) In this Part, “exempt property” has the meaning given by section 17D(1).

17D Meaning of “exempt property”

(1) In this Part and Part 4A, an “exempt property” means a property that—

(a) is of a description specified in regulations made by the Scottish Ministers, and

(b) is confirmed as being of that description in accordance with one or more processes specified in those regulations.

(2) Regulations under subsection (1) may specify a description referred to in paragraph (a) of that subsection, in relation to a property, by reference to such matters (or a combination of matters) as the Scottish Ministers consider appropriate including, in particular—

(a) a description of the circumstances relating to the landlord of the property,

(b) a description of the circumstances relating to the tenant of the property,

(c) a description of the property according to its type.

(3) A process referred to in subsection (1)(b) that is specified in regulations under subsection (1), in relation to a property, may, in particular, include—

(a) approval by a person specified in the regulations that the property is of a description referred to in subsection (1)(a),

(b) signification in a form specified in the regulations that the property is of a description referred to in subsection (1)(a), which may include the inclusion of the property in a register specified in the regulations.

(4) If regulations under subsection (1) provide that a person specified in the regulations is to approve that a property is of a description referred to in subsection (1)(a), the regulations may, in particular, make provision for or in connection with—

(a) the procedure to be followed in connection with applications for approval,

(b) the form and manner in which applications are to be made (including the documents that are to accompany applications),

(c) fees in connection with applications,

(d) the duration of approval,

(e) the withdrawal of approval,

(f) publication of decisions to approve or to refuse to approve applications,

(g) appeals against—

(i) a decision to refuse approval, or

(ii) a decision to withdraw approval,

(h) requirements for the landlord of a property to notify any tenant—

(i) that an application for approval has been made, and

(ii) of the outcome of the application.

(5) If regulations under subsection (1) provide that confirmation that a property is of a description referred to in subsection (1)(a) is to be signified by the inclusion of the property in a register specified in the regulations, the regulations may, in particular, make provision for or in connection with—

(a) the establishment and maintenance of the register,

(b) the procedure to be followed in connection with applications for entry of a property in the register,

(c) the form and manner in which applications are to be made (including the documents that are to accompany applications),

(d) fees in connection with applications,

(e) the period for which a property is to be entered in the register (unless the entry is removed earlier),

(f) removal of entries from the register,

(g) access to the register by members of the public,

(h) appeals against—

(i) a decision to refuse to enter a property in the register, or

(ii) a decision to remove a property from the register,

(i) requirements for the landlord of a property to notify any tenant—

(i) that an application for entry of the property in the register has been made, and

(ii) of the outcome of the application.

(6) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—

(a) must consult persons who appear to them to represent the interests of tenants and landlords, and

(b) may consult any other person they consider appropriate.

(7) The requirement to consult under subsection (6)(a) may be met by consultation carried out before this section takes effect.”.

(4) After Part 4 (rent) insert—

“Part 4A S Rent: properties in a rent control area (other than exempt properties)

Chapter 1 S Initial provisions and restrictions in relation to rent etc.

Application of this Part S

43A Application of this Part

(1) This Part applies in relation to a private residential tenancy (in this Part, a “current tenancy”) of a property that—

(a) is in a rent control area, and

(b) is not an exempt property.

(2) In this Part, “exempt property” has the meaning given by section 17D(1).

Key definitions in this Part S

43B Meaning of property that is “previously let” and the “immediately preceding tenancy”

(1) In this Part, a reference to the property let under a current tenancy as having been previously let is a reference to a property that—

(a) is the same or substantially the same as the property that was let under the immediately preceding tenancy, and

(b) is not an excluded property as mentioned in subsection (2).

(2) For the purpose of subsection (1), the property let under the current tenancy is an excluded property if—

(a) it was purchased by the landlord under the tenancy with vacant possession, and

(b) the tenancy is the first private residential tenancy of the property granted by the landlord since the purchase.

(3) In this Part, a reference to the immediately preceding tenancy is, in relation to a current tenancy, a reference to a private residential tenancy or an assured tenancy that—

(a) immediately preceded the current tenancy, and

(b) ended no more than 12 months before the start of the current tenancy.

(4) The Scottish Ministers may by regulations modify this section to adjust the meaning of the expressions included in this section.

43C Meaning of “relevant rent increase”

(1) In this Part, “relevant rent increase”, in relation to a current tenancy, means—

(a) an increase in the amount payable in rent under a previous private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the property let (or to be let) under the current tenancy (“a relevant tenancy”),

(b) a setting of the initial rent under a relevant tenancy (“tenancy A”) if—

(i) that initial rent is an amount exceeding the final rent under the relevant tenancy that immediately preceded tenancy A (“tenancy B”),

(ii) tenancy B ended no more than 12 months before the start of tenancy A, and

(iii) the property let under tenancy A is not an excluded property as mentioned in subsection (2).

(2) For the purpose of subsection (1), property let under tenancy A is an excluded property if—

(a) the property was purchased by the landlord under tenancy A with vacant possession, and

(b) tenancy A was the first private residential tenancy or assured tenancy granted by the landlord since the purchase.

43D Meaning of “permitted rate”

(1) In this Part, the “permitted rate” means the lower of—

(a) CPI% plus one percentage point (but see subsection (3)), and

(b) 6%.

(2) In this section—

• “consumer prices index” means—

  (a)

  the all items consumer prices index published by the Statistics Board, or

  (b)

  if that index is not published for a month, any substituted index or figures published by the Board,

• “CPI%” means the percentage increase or decrease (rounded to the nearest 0.1%) in the consumer prices index, calculated by reference only to—

  (a)

  the latest index, and

  (b)

  the index published for the month which was 12 months before that to which the latest index relates,

• “the latest index”—

  (a)

  in a case of setting the initial rent under the current tenancy, means the last index published before the day on which the tenancy starts,

  (b)

  in a case of a rent-increase notice, means the last index published before the day on which the notice is given to the tenant.

(3) If the total percentage determined under subsection (1)(a) is less than 0%, it is to be treated instead as if it were 0%.

43E Meaning of “permitted rate”: further provision

(1) The Scottish Ministers may by regulations modify section 43D to substitute a different economic index for the one for the time being mentioned there.

(2) The Scottish Ministers may by regulations modify section 43D to—

(a) substitute a different percentage point for the one for the time being specified in subsection (1)(a) of that section,

(b) substitute a different percentage for the one for the time being specified in subsection (1)(b) of that section.

(3) The Scottish Ministers may make regulations under subsection (2) only if they consider that the modification is necessary to ensure that restrictions imposed by this Part on the rent payable under private residential tenancies of properties in a rent control area (other than exempt properties) are—

(a) necessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area, and

(b) a necessary and proportionate control of landlords’ use of their property in the area.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) or (2) before the Scottish Parliament, the Scottish Ministers—

(a) must consult persons who appear to them to represent the interests of tenants and landlords, and

(b) may consult any other person they consider appropriate.

43F Meaning of other terms

(1) In this Part—

• “assured tenancy” means an assured tenancy under the Housing (Scotland) Act 1988,

• “final rent”, in relation to a tenancy, means the amount that was payable in rent at the end of the tenancy,

• “initial rent”, in relation to a tenancy, means the amount that is (or is to be) payable in rent at the start of the tenancy,

• “previous rent increase”, in relation to a current tenancy, means—

  (a)

  a setting of the initial rent under the current tenancy that exceeds the final rent under the immediately preceding tenancy, or

  (b)

  a relevant rent increase.

(2) For the purpose of this Part, whether property let under a tenancy is the same or substantially the same as property let under a previous tenancy is to be determined with reference to a comparison between the description of each property in the terms applying to each tenancy.

Restriction on setting of initial rent by landlord S

43G Restriction on setting of initial rent by landlord

(1) This section applies if the property let (or to be let) under a current tenancy was previously let.

(2) If there was a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy.

(3) If there was not a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy as increased by the permitted rate.

Restrictions on rent increases S

43H Method by which rent may be increased

The rent payable under a current tenancy may be increased only in accordance with Chapter 2.

43I Frequency with which rent may be increased

(1) The rent payable under a current tenancy may not be increased—

(a) if the let property was previously let—

(i) on the first occasion after the setting of the initial rent under the current tenancy, unless the most recent previous rent increase took effect more than 12 months previously,

(ii) thereafter, more than once in a 12 month period,

(b) if the let property was not previously let—

(i) during the first 12 months of the current tenancy except in such circumstances as may be prescribed by the Scottish Ministers in regulations,

(ii) more than once in any other 12 month period.

(2) For the purpose of subsection (1)(a)(ii) or (b)(ii), where the last rent increase resulted from an order of a rent officer or the First-tier Tribunal, the 12 month period is to be regarded as commencing on the date on which the rent would have been increased in accordance with section 43L(4) had a referral to a rent officer not been made.

Restrictions on other charges and diligence S

43J No premiums, advance payments, etc.

(1) Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 apply in relation to a current tenancy as they apply in relation to a tenancy of the kind to which those sections refer.

(2) But—

(a) section 83(5) of that Act is to be ignored,

(b) the date mentioned in section 88(1) of that Act is to be read as if it were the date on which this section comes into force.

43K Restriction on diligence

Except with the leave of the First-tier Tribunal, no diligence is to be done in respect of—

(a) the rent due by a tenant or former tenant under a current tenancy,

(b) any liability of a tenant or former tenant arising under section 43U.

Chapter 2 S rent variation instigated by landlord’s notice

Rent-increase notice given by landlord S

43L Landlord’s power to increase rent by no more than the permitted rate

(1) The landlord under a current tenancy may increase the rent payable under the tenancy by giving the tenant a notice in accordance with this section (“a rent-increase notice”).

(2) But the landlord under a current tenancy may not increase the rent payable under the tenancy by more than the permitted rate.

(3) The rent-increase notice must––

(a) specify––

(i) the rent that will be payable once the increase takes effect,

(ii) the day on which the increase is to take effect,

(iii) the reasons for the rent payable under the tenancy being increased, and

(b) fulfil any other requirements prescribed by the Scottish Ministers in regulations.

(4) The rent increase takes effect on the effective date, unless before that date—

(a) the landlord intimates to the tenant that the notice is rescinded,

(b) the tenant makes a referral to a rent officer under section 43N(2), or

(c) the tenant applies to the First-tier Tribunal under section 43S(1).

(5) For the purpose of subsection (4), the effective date is the date of the later of—

(a) the day specified in the notice in accordance with subsection (3)(a)(ii), or

(b) the day after the day on which the minimum notice period ends.

(6) In subsection (5)(b), “the minimum notice period” means the period that—

(a) begins on the day the notice is received by the tenant, and

(b) ends on the day falling—

(i) three months after it began, or

(ii) whatever longer period after it began as the landlord and tenant have agreed between them.

(7) In subsection (6), the reference to a period of three months is to a period that ends in the month that falls three months after the month in which it began, either—

(a) on the same day of the month as it began, or

(b) if the month in which the period ends has no such day, on the final day of that month.

43M Modification of rent-increase notice by parties

(1) This section does not apply in relation to a current tenancy if the permitted rate is 0%.

(2) Anything specified in a rent-increase notice in accordance with section 43L(3)(a) may be modified by agreement between the landlord and tenant under the current tenancy.

(3) But the landlord and the tenant may not modify a rent-increase notice under subsection (2) so as to increase the rent payable under the current tenancy by more than the permitted rate.

(4) A modification made to a rent-increase notice by virtue of subsection (2) ceases to have effect if the notice subsequently prompts a referral to a rent officer under section 43N(2).

Tenant’s referral of rent-increase notice to rent officer S

43N Tenant’s right to refer rent-increase notice to rent officer

(1) If a tenant who has received a rent-increase notice considers that the proposed increase in the rent payable under the current tenancy is more than the permitted rate, the tenant must notify the landlord in writing of the tenant’s view before the end of the day falling 30 days after the tenant receives the notice.

(2) The tenant may make a referral to a rent officer for the area in which the let property is situated seeking a decision under section 43O in relation to the rent-increase notice if, before the end of the day falling 21 days after the landlord receives notification from the tenant under subsection (1), either—

(a) where the permitted rate is 0%, the landlord has not notified the tenant in writing that the rent-increase notice has been withdrawn, or

(b) in any other case, the landlord and the tenant have not agreed to a modification of the rent-increase notice so as to increase the rent payable in respect of the let property by no more than the permitted rate.

(3) A referral to a rent officer under subsection (2) must be––

(a) in the prescribed form,

(b) accompanied by the prescribed fee (if any),

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

(d) made before the end of the day falling 42 days after the landlord receives notice from the tenant under subsection (1).

(4) In subsection (3), “prescribed” means prescribed by the Scottish Ministers in regulations.

43O Rent officer’s power to set rent

(1) Where a rent officer receives a referral under section 43N(2), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate.

(2) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the tenancy is the rent specified in the rent-increase notice.

(3) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating—

(a) where the permitted rate is 0%, that the rent-increase notice has no effect,

(b) in any other case, that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer.

(4) The rent determined by the rent officer under subsection (3)(b) must be the rent payable under the current tenancy as increased by the permitted rate.

(5) For the purpose of subsections (2) and (3), the effective date is—

(a) where the rent officer makes the order 14 days or more before the original effective date, the original effective date,

(b) otherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order.

(6) In subsection (5)—

• “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2),

• “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy.

43P Rent officer’s power to correct order

(1) A rent officer may, within 14 days of making an order under section 43O(2) or (3), remake the order for the purpose of curing an error in the original order made under that subsection.

(2) The effective date of the remade order is to be specified in accordance with subsection (2) or (3) of section 43O as though it were an order made under either of those subsections.

(3) Where an order is remade under this section—

(a) the original order is of no effect,

(b) other than in subsection (1), references in this Part to an order made under section 43O(2) or (3) are to be read as references to the remade order,

(c) if a request for review of the original order has been made under section 43Q(1), the review is to be regarded as having been made against the remade order.

43Q Right of review to another rent officer

(1) Where a rent officer has made an order under section 43O(2) or (3) in relation to the rent payable under a current tenancy, the landlord or the tenant may request a review of the order by a different rent officer.

(2) A request for a review of an order under subsection (1) must—

(a) be made before the end of the day falling 14 days after the order is made,

(b) be in the prescribed form,

(c) be intimated by the landlord or the tenant (as the case may be) to the other party to the tenancy by sending a copy of the request to the other party.

(3) Requesting a review under subsection (1) renders the order being reviewed of no effect.

(4) In subsection (2), “prescribed” means prescribed by the Scottish Ministers in regulations.

43R Other rent officer’s power to set rent

(1) Where a rent officer receives a request for a review under section 43Q(1), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice prompting the referral to the first rent officer under section 43N(2) would be an increase in the rent payable under the current tenancy of more than the permitted rate.

(2) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent specified in the rent-increase notice.

(3) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer.

(4) The rent determined by the rent officer under subsection (3) must be the rent payable under the current tenancy as increased by the permitted rate.

(5) For the purpose of subsections (2) and (3), the effective date is—

(a) where the rent officer makes the order 14 days or more before the original effective date, the original effective date,

(b) otherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order.

(6) In subsection (5)—

• “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2),

• “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy.

(7) Where the rent officer makes an order under subsection (2) or (3), the order under section 43O(2) or (3) to which the request for review under section 43Q(1) relates is of no effect.

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

(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.

43T First-tier Tribunal’s powers on an application under section 43S(1)

(1) Subsection (2) applies where the First-tier Tribunal receives an application under section 43S(1)(a) in relation to a rent-increase notice given under a current tenancy.

(2) If the Tribunal determines—

(a) that any previous rent increase took effect less than 12 months before the original effective date, the Tribunal must make an order that the rent-increase notice is of no effect (and accordingly the rent payable under the current tenancy is unchanged),

(b) that any previous rent increase took effect 12 months or more before the original effective date, the Tribunal must make an order stating that from the effective date the rent payable under the current tenancy is the lower of—

(i) the rent specified in the rent-increase notice in accordance with section 43L(3)(a)(i), and

(ii) the rent payable under the tenancy as increased by the permitted rate.

(3) Subsection (4) applies where the First-tier Tribunal receives an application under section 43S(1)(b) in relation to a rent-increase notice given under a current tenancy.

(4) If the Tribunal determines—

(a) that the initial rent under the current 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), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the Tribunal,

(b) that the rent payable at the start of the current tenancy (that is proposed to be increased by the rent-increase notice) was set in accordance with section 43G(2) or (3) (as the case may be), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the lower of—

(i) the rent specified in the rent-increase notice in accordance with section 43L(3)(a)(i), and

(ii) the rent payable under the tenancy as increased by the permitted rate.

(5) In determining the rent under subsection (4)(a), the First-tier Tribunal may not determine that the rent payable under the current tenancy from the effective date is more than the base rent as increased by the permitted rate.

(6) For the purpose of subsection (2) or (4), the effective date is—

(a) where the Tribunal makes the order 14 days or more before the original effective date, the original effective date,

(b) otherwise, the first payment date falling at least 14 days after the day on which the Tribunal makes the order.

(7) In this section—

• “base rent” means the amount of rent that would have been payable from the start of the current tenancy had the rent been set in accordance with section 43G(2) or (3) (as the case may be),

• “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the First-tier Tribunal not been made under section 43S(1),

• “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy.

Matters arising from referral to rent officer or application to First-tier Tribunal S

43U Tenant’s liability for underpaid rent

(1) This section applies where––

(a) the rent payable under a current tenancy has been changed by an order made under—

(i) section 43O(2) or (3),

(ii) section 43R(2) or (3), or

(iii) section 43T(2)(b) or (4)(a) or (b),

(b) the effective date stated in the order (“the actual effective date”) falls later than the date on which the rent would have been increased in accordance with section 43L(4) had a referral to a rent officer not been made under section 43N(2) or, as the case may be, had an application to the First-tier Tribunal not been made under section 43S(1) (“the originally proposed effective date”), and

(c) the rent payable from the actual effective date (“the new rent”) is more than the rent payable immediately before that date (“the old rent”).

(2) On the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between––

(a) the amount that would have been payable in rent between the originally proposed effective date and the actual effective date had the new rent been the rent payable from the originally proposed effective date, and

(b) the amount that should have been paid in rent during the same period (whether or not it was actually paid).

(3) Subsection (4) applies if, at the end of the day falling 28 days after a tenant’s liability under subsection (2) arose, that liability is (in whole or in part) still outstanding.

(4) For the purposes of paragraph 12 of schedule 3, the liability mentioned in subsection (3) is to be regarded as a sum that fell to be paid by way of rent on the day the liability arose.

(5) In this section, a reference to a period between two dates includes both of those dates.

43V Withdrawal of referral or request for review by rent officer or application to First-tier Tribunal

(1) This section applies—

(a) where a referral to the rent officer made under section 43N(2) is withdrawn by the tenant,

(b) where—

(i) a request for a review by another rent officer made under section 43Q(1) is withdrawn by one party, and

(ii) either—

(A) the other party has not requested a review in respect of the tenancy in question, or

(B) any request for a review by the other party has been withdrawn, or

(c) where an application to the First-tier Tribunal made under section 43S(1) is withdrawn by the tenant.

(2) The order maker must make an order under section 43O(2) or (3), section 43R(2) or (3), or section 43T(2)(b) or (4)(a) or (b) (as the case may be), stating that from the effective date the rent payable under the current tenancy concerned is the lower of—

(a) the rent specified in the rent-increase notice, and

(b) the rent payable under the tenancy as increased by the permitted rate.

(3) Where the order maker is another rent officer in relation to the making of an order under section 43R(2) or (3), an order may not be made by virtue of subsection (2) until the expiry of the period within which a request for a review made under section 43Q(1) may be made.

(4) In subsection (2)—

• “order maker” means—

  (a)

  in the case of the making of an order under section 43O(2) or (3), the rent officer,

  (b)

  in the case of the making of an order under section 43R(2) or (3), another rent officer,

  (c)

  in the case of the making of an order under section 43T(2)(b) or (4)(a) or (b), the First-tier Tribunal,

• “the rent-increase notice” means the rent-increase notice that, as the case may be—

  (a)

  prompted the referral to the rent officer,

  (b)

  led to the request for review by another rent officer, or

  (c)

  led to the application to the First-tier Tribunal.

Chapter 3 S Power of First-tier Tribunal to require landlords to pay penalty or compensation

43W Power of First-tier Tribunal to require landlords to pay penalty or compensation

(1) The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribunal to make an order requiring a landlord to whom subsection (2) applies to pay—

(a) a financial penalty, or

(b) a compensation payment to the tenant in question.

(2) This subsection applies to a landlord against whom any of the following orders has been made—

(a) an order of a rent officer made under section 43O(3),

(b) an order of a rent officer made under section 43R(3),

(c) an order of the First-tier Tribunal under section 43T(2)(a),

(d) an order of the First-tier Tribunal under section 43T(4)(a).

(3) Regulations under subsection (1) may, in particular, make provision for or in connection with—

(a) the maximum amount (not exceeding £1,000) of a financial penalty or a compensation payment that may be imposed by the First-tier Tribunal by virtue of subsection (1),

(b) the person to whom any financial penalty is payable,

(c) matters to be taken into account by the First-tier Tribunal in determining the amount of a financial penalty or compensation payment imposed by the First-tier Tribunal,

(d) the arrangements for payment of a financial penalty or compensation payment,

(e) appeals against the imposition, or the amount, of a financial penalty or compensation payment,

(f) enforcement relating to the payment of any financial penalty or compensation payment imposed by an order of the First-tier Tribunal.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—

(a) must consult persons who appear to them to represent the interests of tenants and landlords, and

(b) may consult any other person they consider appropriate.

(5) The requirement to consult under subsection (4)(a) may be met by consultation carried out before this section takes effect.”.

Commencement Information

I23 S. 23 not in force at Royal Assent, see s. 86(2)

Chapter 3 S Other restrictions on rent increases

Frequency of rent increases S

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

(1) The 2016 Act is modified as follows.

(2) In section 19 (frequency with which rent may be increased)—

(a) in subsection (1), for the words “more than once in a 12 month period” substitute “—

(a) during the first 12 months of the tenancy except in such circumstances as may be prescribed by the Scottish Ministers in regulations,

(b) more than once in any other 12 month period”,

(b) in subsection (2), for “subsection (1)” substitute “subsection (1)(b)”.

Commencement Information

I24 S. 24 not in force at Royal Assent, see s. 86(2)

Capping of rent increases on referral or appeal S

25 Private residential tenancies: capping of rent increase S

(1) The 2016 Act is modified as follows.

(2) In section 25 (rent officer’s power to set rent), in subsection (1)—

(a) after “tenancy is” insert “the lower of—”,

(b) the words “the rent determined by the rent officer in accordance with section 32” become paragraph (a),

(c) after that paragraph insert “, and

(b) the rent specified in accordance with section 22(2)(a)(i) in the rent-increase notice that prompted the referral.”.

(3) In section 29 (First-tier Tribunal’s power to set rent), in subsection (1)—

(a) after “tenancy is” insert “the lower of—”,

(b) the words “the rent determined by the First-tier Tribunal in accordance with section 32” become paragraph (a),

(c) after that paragraph insert “, and

(b) the rent specified in accordance with section 22(2)(a)(i) in the rent-increase notice that led to the appeal.”.

(4) In section 34 (duty to make information available), in subsection (1)—

(a) the word “and” immediately following paragraph (a) is repealed,

(b) in paragraph (b), the words “to be payable” are repealed,

(c) after paragraph (b) insert “, and

(c) what rents they have ordered to be payable in accordance with section 25(1) or (as the case may be) 29(1).”.

Commencement Information

I25 S. 25 not in force at Royal Assent, see s. 86(2)

26 Assured tenancies: capping of rent increase S

(1) The Housing (Scotland) Act 1988 is modified as follows.

(2) In section 25 (determination of rent by the First-tier Tribunal)—

(a) in subsection (6), for “determined by the First-tier Tribunal (together with, in a case where subsection (4) above applies, the appropriate amount in respect of rates)” substitute “specified under subsection (6A)”,

(b) after subsection (6) insert—

“(6A) The rent specified is the lower of—

(a) the rent determined by the First-tier Tribunal (together with, in a case where subsection (4) applies, the appropriate amount in respect of rates), and

(b) the rent proposed in accordance with section 24(1) in the notice that led to the referral.”.

Commencement Information

I26 S. 26 not in force at Royal Assent, see s. 86(2)

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

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

(1) The Scottish Ministers must, as soon as reasonably practicable after the end of the review period—

(a) carry out a review of the operation and effectiveness of Part 1, and

(b) prepare a report on that review.

(2) In carrying out the review under subsection (1)(a), the Scottish Ministers must consult—

(a) local authorities, and

(b) persons who appear to them to represent the interests of tenants and landlords.

(3) In the report prepared under subsection (1)(b), the Scottish Ministers must, in particular—

(a) state whether, in their opinion, the provisions of Part 1 have operated effectively during the review period and, if so, explain why,

(b) describe the steps taken by them during that period to meet the requirements of Part 1,

(c) describe how any regulation-making powers under Part 1 have been exercised by them during that period, and

(d) describe the steps (if any) they propose to take as a result of the findings of the review.

(4) The Scottish Ministers must, as soon as reasonably practicable after preparing the report—

(a) publish the report, and

(b) lay it before the Scottish Parliament.

(5) In this section, “the review period” means the period of 5 years beginning with the day of Royal Assent.

Commencement Information

I27 S. 27 not in force at Royal Assent, see s. 86(2)