Housing (Scotland) Act 2025

Ministers’ decision on whether to designate rent control area

8 Scottish Ministers’ duty to report

(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.

9 Power to designate rent control area

(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).

10 Designation of rent control area: consultation

(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.

11 Duty to keep rent control area under review

(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.

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

(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.