(This note is not part of the Regulations)
Section 10, and schedule 3, of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”) will expire at the end of 31 March 2025 by virtue of section 11 of the 2022 Act read alongside the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Expiry of Section 10: Extension) Regulations 2024. The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (“the 2024 Regulations”) were made under powers created by schedule 3 of the 2022 Act and will therefore cease to have effect at the end of 31 March 2025.
The 2024 Regulations temporarily modify how rent in relation to a private residential tenancy is determined on referral by a tenant to a rent officer (or on subsequent appeal to the First-tier Tribunal for Scotland) under the Private Housing (Tenancies) (Scotland) 2016 Act. They also change how rent in relation to statutory assured tenancies is determined under section 25 of the Housing (Scotland) Act 1988 on referral to the First-tier Tribunal (or on subsequent appeal to the Upper Tribunal).
These Regulations ensure that the 2024 Regulations continue to have effect in relation to referrals made to the rent officer or First-tier Tribunal before 1 April 2025 and any subsequent appeals in connection with such referrals.