Housing (Scotland) Act 2025

Chapter 3 Other restrictions on rent increases

Frequency of rent increases

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

(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)”.

Capping of rent increases on referral or appeal

25 Private residential tenancies: capping of rent increase

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(a) the word “and” immediately following paragraph (a) is repealed,

(b) in paragraph (b), the words “to be payable” are repealed,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

26 Assured tenancies: capping of rent increase

(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.”.