The Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023

Scottish Statutory Instruments

2023 No. 58

Housing

The Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023

Made

28th February 2023

Laid before the Scottish Parliament

2nd March 2023

Coming into force

1st April 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 24(1) and (3), and 53(3) of the Housing (Scotland) Act 1988(1) and sections 22(2)(b), 24(4) and 77(2) of the Private Housing (Tenancies) (Scotland) Act 2016(2) and all other powers enabling them to do so.

Citation, commencement and expiry

1.—(1) These Regulations may be cited as the Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023 and come into force on 1 April 2023.

(2) These Regulations remain in force until the end of 30 September 2023, subject to the suspension or expiry of section 1 and schedule 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”)(3) on a different date.

(3) Where section 1 and schedule 1 of the 2022 Act are suspended or expired on a date other than the 30 September 2023, these Regulations remain in force until that other date.

Modification of the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017

2.—(1) The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017(4) apply in relation to a landlord’s power to increase rent by giving a rent increase notice to a tenant under section 22(1) of the Private Housing (Tenancies) (Scotland) Act 2016, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) Schedule 2 has effect as if for it there were substituted the form set out in schedule 1 to these Regulations.

3.—(1) The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 apply in relation to a tenant’s right to refer a rent increase to a rent officer under section 24(1) of the Private Housing (Tenancies) (Scotland) Act 2016, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) Schedule 3 has effect as if for it there were substituted the form set out in schedule 2 of these Regulations.

Modification of the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017

4.—(1) The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017(5) apply in relation to a notice of a rent increase under section 24(1) (notice by landlord under section 24(1) of an increase of rent under an assured tenancy) of the Housing (Scotland) Act 1988, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) The schedule has effect as if for Form AT2 there were substituted the form set out in schedule 3 to these Regulations.

5.—(1) The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 apply in relation to the right of a tenant to refer a notice of a rent increase under 24(3)(a) of the Housing (Scotland) Act 1988 to the relevant rent officer as defined in section 24(9) of the Housing (Scotland) Act 1988 for consideration under section while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) The schedule has effect as if for Form AT4 there were substituted the form set out in schedule 4 to these Regulations.

Saving provisions

6.  The modifications made by regulations 2, 3, 4 and 5 do not apply in respect of a form or notice to which those regulations apply which was given or served prior to the coming into force of these Regulations.

PATRICK HARVIE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th February 2023

Regulation 2

SCHEDULE 1

Regulation 3

SCHEDULE 2

Regulation 4

SCHEDULE 3

Regulation 5

SCHEDULE 4

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations temporarily modify the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 and the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 in response to emergency measures introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022, which came into force on 28 October 2022.

Regulation 2 and schedule 1 modify the rent-increase notice issued to tenants under the Private Housing (Tenancies) (Scotland) Act 2016.

Regulation 3 and schedule 2 temporarily substitute the form of a tenant’s referral of a rent increase notice to a rent officer for the area in which the let property is situated under the Private Housing (Tenancies) (Scotland) Act 2016.

Regulation 4 and schedule 3 temporarily substitute Form AT2 which is required to be issued by a landlord who intends to increase the rent for a tenant of an assured tenancy under the Housing (Scotland) Act 1988.

Regulation 5 and schedule 4 temporarily substitute the Form AT4 to create a route for a tenant’s referral of a rent increase notice to a relevant rent officer under the Housing (Scotland) Act 1988.

These Regulations make changes to certain forms and notices in light of emergency measures introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022, which was subject to a Business Regulatory Impact Assessment. No further impact on business is foreseen as a result of these Regulations. A copy of all impact assessments for the Act can be obtained online at www.legislation.gov.uk.

(1)

1988 c. 43. Section 55(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

2016 asp 19.

(3)

2022 asp 10. Section 7(1) provides that Part 1 of the 2022 Act expires at the end of 31 March 2023 and regulations under section 7(3) of the 2022 Act have been laid before the Scottish Parliament to extend the expiry date until 30 September 2023. Scottish Ministers may, by regulations, may subsequently further extend those provisions to expire on 31 March 2024. Section 6(1)(a) provides that the Scottish Ministers may, by regulations, suspend any provision in Part 1. Section 8(1)(b) provides that the Scottish Ministers may, by regulations, bring forward the expiry of any provision of Part 1 to an earlier time as may be specified in regulations.

(4)

S.S.I. 2017/297.

(5)

S.S.I. 2017/349.