Housing (Scotland) Act 2025

Housing (Scotland) Act 2025

2025 asp 13

Crown Application

Part 1 – Rent

Chapter 3 - Other restrictions on rent increases

Capping of rent increases on referral or appeal

Section 25 - Private residential tenancies: capping of rent increase

86. This section modifies sections 25, 29 and 34 in Part 4 of the 2016 Act.

87. New section 17C of the 2016 Act (inserted by section 23(3) of the 2025 Act) provides that Part 4 of the 2016 Act applies only in relation to a PRT of a let property that is not in a rent control area or is in a rent control area but which is an exempt property (within the meaning given by section 17D(1) of the 2016 Act, as inserted by section 23(3) of the 2025 Act).

88. Section 25 of the 2016 Act provides that, where a rent officer receives a referral from a tenant under section 24 of the 2016 Act in relation to a PRT, the rent officer must make an order stating that the rent payable under the tenancy is the rent determined by the rent officer in accordance with section 32 of that Act (as the open market rent). Section 29 of the 2016 Act provides that, where an onward appeal is made to the Tribunal against any such order of the rent officer, the Tribunal must make an order stating that the rent payable under the tenancy is the rent determined by the Tribunal in accordance with section 32 (as the open market rent).

89. Section 25 of the 2025 Act modifies sections 25 and 29 of the 2016 Act so that, if the rent specified in the rent-increase notice that prompted the initial referral to the rent officer is lower than the rent that would otherwise be determined in accordance with section 32 of the 2016 Act (being the open market rent), the rent officer or the Tribunal (as the case may be) must order that the rent payable under the tenancy is the lower rent as specified in the rent-increase notice.

90. Section 25 of the 2025 Act also makes a consequential modification to section 34 of the 2016 Act so that rent officers and the Tribunal collectively must also make publicly available information about the rents they have ordered to be payable in accordance with sections 25 and 29 of the 2016 Act.