Housing (Scotland) Act 2025

Prospective

Schedule S Minor and consequential modifications of enactments

(introduced by section 85)

Rent (Scotland) Act 1984 S

1 (1) The Rent (Scotland) Act 1984 is modified as follows.

(2) In section 89A (premiums: regulations), after subsection (4) insert—

“(4A) Regulations under subsection (1) may—

(a) include incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) modify any enactment (including this Act).”.

Commencement Information

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

Housing (Scotland) Act 1988 S

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

(2) In section 53 (orders and regulations), in subsection (2), after “18(4A)(b)” insert “, 20A(6) or 37(5)”.

Commencement Information

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

Housing (Scotland) Act 2001 S

3 (1) The Housing (Scotland) Act 2001 is modified as follows.

(2) In section 109 (orders and regulations)—

(a) after subsection (2) insert—

“(2A) Regulations under paragraph 8B of schedule 5 prescribing requirements that must be fulfilled by, respectively, an application or an intimation may in particular require that it—

(a) contain information specified in the regulations,

(b) be in a form specified in the regulations,

(c) be given in a manner specified in the regulations.”,

(b) in subsection (4), after “16(5A)(c)” insert “, 16A(6), 31B(1), 31C(1), 36A(6)”,

(c) in subsection (6), after “7(3)” insert “, 16A(6), 31B(1), 31C(1) or 36A(6)”.

(3) In the title of schedule 5, after “ALTERATIONS” insert “, KEEPING PETS”.

Commencement Information

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

Housing (Scotland) Act 2006 S

4 (1) The Housing (Scotland) Act 2006 is modified as follows.

(2) In section 182(2)(b) (warrants authorising entry), in sub-paragraph (vi), the word “that” is repealed.

Commencement Information

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

Property Factors (Scotland) Act 2011 S

5 (1) The Property Factors (Scotland) Act 2011 is modified as follows.

(2) The title of section 8 (removal from register) becomes “Revocation of registration”.

(3) In section 9 (effect of refusal to enter in register or removal from register), in subsection (3), for “give public” substitute “publish in such manner as they think fit a”.

(4) In section 15 (service of notices etc.), subsection (3) is repealed.

(5) In section 30 (orders and regulations), in subsection (3), after “33(2)” insert “or regulations under section 5(5)”.

Commencement Information

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

Housing (Scotland) Act 2014 S

6 (1) The Housing (Scotland) Act 2014 is modified as follows.

(2) In section 36 (letting agent registration number), in subsection (3)(b), the word “operated” is repealed.

Commencement Information

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

Private Housing (Tenancies) (Scotland) Act 2016 S

7 (1) The 2016 Act is modified as follows.

(2) In section 24 (tenant’s right to refer increase to rent officer)—

(a) subsection (2) is repealed,

(b) in subsection (3)(d), for “21” substitute “30”.

(3) Chapter 3 (rent pressure zones) of Part 4 is repealed.

(4) In section 73(2) (minor errors in documents)—

(a) in paragraph (a)—

(i) for “or” insert “, 43L(1),”,

(ii) after “61(1)” insert “, 64B(2), 64C(2), 64I(2) or 64J(2)”,

(b) in paragraph (b), after “24(1)” insert “or 43N(2)”,

(c) paragraph (c) and the word “and” that immediately follows that paragraph are repealed,

(d) after paragraph (c) insert—

“(ca) the document by which a request for review is made to a rent officer under section 43Q(1),

(cb) the document by which a request is made for the landlord’s consent under section 64B(1) or 64I(1), and”.

(5) In section 76 (ancillary regulations), after subsection (1) insert—

“(1A) Regulations under subsection (1) may modify any enactment (including this Act).”.

(6) In section 77 (regulation-making powers)—

(a) in subsection (1), after “purposes” insert “or areas”,

(b) in subsection (2)—

(i) after “22(2)(b)” insert “, 43L(3)(b), 48A(3)(c)”,

(ii) for “or 62(1)(d)” substitute “, 62(1)(d), 64B(1)(b) or (3)(d), 64C(3), 64I(1)(b) or (3)(d) or 64J(3)”,

(iii) after “by a notice” insert “, pre-notice or request (as the case may be)”,

(c) in subsection (3)—

(i) after “12” insert “, 17A(6), 17D(1), 19(1)(a)”,

(ii) for “and 41” substitute “, 41, 43B(4), 43E(1) or (2), 43I(1)(b)(i), 43W(1), 48A(5) and (6), 51A(6), 59(5), 64E(1), 64F(1), 64L(1), 64M(1), 64N(1)”,

(iii) after “schedule 3” insert “and paragraph 6(1) of schedule 5”,

(d) in subsection (4)—

(i) after “43” insert “, 43L(3)(b), 43N(3), 43Q(2)(b), 43S(4)(a), 48A(1)(b)(ii) and (c)(ii)(B), 48A(3)(c)”,

(ii) for “and 62” substitute “, 62, 64B(1)(b), 64B(3)(d), 64C(3), 64I(1)(b) and (3)(d) and 64J(3)”.

(7) In section 78 (interpretation), in subsection (1)—

(a) after the opening words insert—

• ““the 2025 Act” means the Housing (Scotland) Act 2025,”,

(b) after the definition of “rent” insert—

• ““rent control area” means an area that is designated as a rent control area by regulations under section 9(1) of the 2025 Act,”,

(c) for the definition of “rent-increase notice” substitute—

• ““rent-increase notice”, except where stated otherwise, has—

  (a)

  in Chapter 2 of Part 4, the meaning given by section 22(1),

  (b)

  in Chapter 2 of Part 4A, the meaning given by section 43L(1).”.

(8) In schedule 2 (statutory terms required by section 8), in paragraph 2, for “in accordance with Chapter 2 of Part 4” substitute “—

(a) in accordance with Chapter 2 of Part 4 if the let property—

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

(ii) is in a rent control area but it is an exempt property within the meaning given by section 17D(1),

(b) in accordance with Chapter 2 of Part 4A if the let property—

(i) is in a rent control area, and

(ii) is not an exempt property as mentioned in sub-paragraph (a)(ii).”.

Commencement Information

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