Part 1

Rent
Chapter 2

Rent control areas: modifications of the 2016 Act

Information about rent to be included in advertisements

Prospective landlords’ duty to include information about rent in advertisements
22
1
The 2016 Act is modified as follows.
2
After section 17 insert—

Information about rent to be included in advertisements

Prospective landlords’ duty to include information about rent in advertisements: property is not exempt property
17A
1
A person—
a
who proposes to let a property that is not an exempt property in a rent control area (“the advertised property”) on an agreement that may give rise to a private residential tenancy, and
b
who is communicating with another person by way of advertisement in writing with a view to entering into such an agreement,
must include the information mentioned in subsection (2) in the advertisement.
2
The information referred to in subsection (1)—
a
where the advertised property was let previously, is—
i
the rent payable under the previous tenancy,
ii
whether there was a relevant rent increase during the period of 12 months before the date on which the advertisement of the advertised property is published,
iii
if there was such an increase, the date on which the most recent increase took effect,
iv
the rent that the prospective landlord proposes to be payable under the tenancy (but see also subsection (3)),
v
confirmation that the property is in a rent control area,
b
where the advertised property was not let previously, is—
i
the rent that the prospective landlord proposes to be payable under the tenancy,
ii
confirmation that the property is in a rent control area.
3
The information about the rent that the prospective landlord proposes to be payable under the tenancy (which must be included in the advertisement under subsection (2)(a)(iv)) must also mention that this proposed rent may change according to any variation in the consumer prices index before the start of any tenancy (in accordance with section 43G).
4
For the purpose of subsection (2), subject to subsection (5), an advertised property was let previously if—
a
there was a previous private residential tenancy or assured tenancy of property that is the same or substantially the same as the advertised property (“the previous tenancy”),
b
the previous tenancy immediately preceded the proposed let of the advertised property, and
c
the previous tenancy ended no more than 12 months before the date on which the advertisement of the advertised property is published.
5
But an advertised property was not let previously if—
a
the person who is to become the landlord under the proposed tenancy purchased the property with vacant possession, and
b
the proposed tenancy is to be the first private residential tenancy of the property to be granted by that person since the purchase.
6
The Scottish Ministers may by regulations—
a
modify subsection (2) to add or remove information to be included in an advertisement referred to in subsection (1),
b
modify subsection (4) or (5) to adjust the meaning of the expressions included in those subsections.
7
In this section—
- “advertisement” includes any form of advertising whether—
  1. to the public generally,
  2. to any section of the public, or
  3. individually to selected persons,
- “assured tenancy” means an assured tenancy under the Housing (Scotland) Act 1988,
- “consumer prices index” means—
  1. the all items consumer prices index published by the Statistics Board, or
  2. if that index is not published for a month, any substituted index or figures published by the Board,
- “exempt property” has the meaning given by section 17D(1),
- “relevant rent increase”, in relation to the advertised property, means—
  1. an increase in the amount payable in rent under a private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the advertised property (“a relevant tenancy”),
  2. a setting of the amount payable in rent at the start of a relevant tenancy (“tenancy A”) if—
    1. that amount exceeded the amount payable in rent at the end of the relevant tenancy immediately preceding tenancy A (“tenancy B”),
    2. tenancy B ended no more than 12 months before the start of tenancy A, and
    3. tenancy A was not the first private residential tenancy or assured tenancy of the property granted by the landlord under the tenancy following the landlord’s purchase of the property with vacant possession.
8
For the purpose of this section, whether property let (or to be let) under a tenancy is the same or substantially the same as property let under an earlier tenancy is to be determined with reference to a comparison between the description of each property in the terms applying to each tenancy.
.
3
After section 17A (inserted by subsection (2)) insert—

Prospective landlords’ duty to include information about property in advertisements: exempt property
17B
1
Subsection (2) applies where a person—
a
is proposing to let a property that is an exempt property in a rent control area on an agreement that may give rise to a private residential tenancy, and
b
is communicating with another person by way of advertisement in writing with a view to entering into such an agreement.
2
The person must include in the advertisement—
a
a statement that the property is an exempt property,
b
information about the manner in which the property has been confirmed, in accordance with regulations under section 17D(1), as being an exempt property, and
c
any number (including a registration number) associated with the confirmation of the property as an exempt property.
3
In this section—
- “advertisement” has the same meaning as in section 17A,
- “exempt property” has the meaning given by section 17D(1).
.