Housing (Scotland) Act 2025

Properties subject to modified restrictions

13 Properties subject to modified rent control area restrictions

(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.