2023 No. 8

Housing

The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023

Made

Laid before the Scottish Parliament

Coming into force in accordance with regulation 1(2) and (3)

The Scottish Minsters make the following Regulations in exercise of the powers conferred by sections 6(1)(a) and 8(1) of the Cost of Living (Tenant Protection) (Scotland) Act 20221 and all other powers enabling them to do so.

Citation and commencement1

1

These Regulations may be cited as the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023.

2

Subject to paragraph (3), these Regulations come into force on 26 February 2023.

3

Regulation 3 comes into force on 30March 2023.

Expiry of provision of the Cost of Living (Tenant Protection) (Scotland) Act 20222

26 February 2023 is specified as the day on which paragraph 3 of schedule 1 (rent cap for Scottish secure tenancies and short Scottish secure tenancies) of the Cost of Living (Tenant Protection) (Scotland) Act 2022 expires.

Suspension of provision of the Cost of Living (Tenant Protections) (Scotland) Act 20223

The operation of paragraph 4 of schedule 1 (rent cap for student residential tenancies) of the Cost of Living (Tenant Protection) (Scotland) Act 2022 is suspended.

PATRICK HARVIEAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations expire and suspend certain provisions of schedule 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”).

Paragraph 3 of schedule 1 of the 2022 Act modifies the Housing (Scotland) Act 2001 in order to impose a variable 0% rent cap in relation to Scottish secure tenancies and short Scottish secure tenancies. Regulation 2 of these Regulations expires paragraph 3 on 26 February 2023.

Paragraph 4 of schedule 1 of the 2022 Act provides a variable 0% rent cap in relation to student residential tenancies. Regulation 3 of these Regulations suspends operation of paragraph 4, that suspension coming into force on 30 March 2023.

An impact assessment has not been produced for this instrument.