Housing (Scotland) Act 2025

Housing (Scotland) Act 2025

2025 asp 13

Crown Application

Part 1 – Rent

Chapter 1 – Designation of rent control areas

Expiry of rent control area: power to modify law

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

53. This section confers a regulation-making power on the Scottish Ministers that can be used in connection with the expiry or revocation of regulations under section 9(1) that designate a rent control area (noting that regulations under that section expire after 5 years, unless revoked earlier).

54. Regulations under subsection (1) may make provision about the methods by which a landlord may increase the rent payable under a PRT or a review or appeal (such as to a rent officer or the Tribunal) in connection with such a rent increase or a decision relating to such a rent increase. Regulations under subsection (1) cease to have effect within 12 months of coming into force unless they are revoked before that (see subsection (3)(b)). Before the regulations may be made, they must be laid before, approved by, the Scottish Parliament (see section 82(3)) and the Scottish Ministers must consult persons representing landlords and tenants and other persons as the Scottish Ministers consider appropriate (see subsection (2)). Subsection (3)(a) provides that regulations under subsection (1) may modify an enactment (see the definition of “enactment” in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010). This is because it may be necessary to also modify the effect of other existing law as it applies to areas that are not rent control areas to give effect to provision to be made under subsection (1) by making temporary modifications to the law about rent increases in connection with tenancies of properties situated in an area that is no longer being designated as a rent control area.