The Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026

Section 1

Periodic assessment of rent conditions

Section 2

Report to Scottish Ministers following periodic assessment

Section 3

Interim assessment and reports by local authorities

Section 4

Scottish Ministers to review local authority report

Section 5

Further assessment of rent conditions and report by local authority

Section 6

Ministerial guidance on assessments of rent conditions

Section 7

Ministerial guidance on reports following assessments of rent conditions

Section 8

Scottish Ministers’ duty to report

Section 9

Power to designate rent control area

Section 10

Designation of rent control area: consultation

Section 11

Duty to keep rent control area under review

Section 12

Variation of rent controls in existing rent control area: consultation

Section 13

Properties subject to modified rent control area restrictions

Section 14

Information that may be sought by local authority or the Scottish Ministers

Section 15

Information sharing and cooperation between local authorities and the Scottish Ministers

Section 18

Scottish Ministers’ request for landlord information from local authorities

Section 19

Power to require landlords to provide information

Section 20

Power to modify law in connection with the expiry of rent control area

Section 21

Scottish Ministers: information and research

Section 22

Prospective landlords’ duty to include information about rent in advertisements

For the purposes of an advertisement placed on or after 1 April 2026.

Section 23

Setting and variation of rent

For all remaining purposes.

Section 27

Review of the operation of Part 1 of the Act

Section 33

Review of eviction grounds

Section 35

Private residential tenancies: keeping pets and making changes to let property

For the purposes of inserting sections 64B(1) and (3), 64C(3), 64E, 64F, 64G, 64I(1) and (3), 64J(3), 64L, 64M, 64N, and 64O into the 2016 Act to enable the Scottish Ministers to consult or, as the case may be, make regulations under those sections.

Section 36

Scottish secure tenancies etc.: keeping pets

For the purposes of inserting sections 31B, 31C and 31D, and paragraph 8B of schedule 5, into the 2001 Act to enable the Scottish Ministers to consult or, as the case may be, make regulations under those sections or that paragraph.

Section 38

Applications for registration

For the purposes of applications for registration under section 30(1) of the 2014 Act made on or after 1 April 2026.

Section 39

Duty to inform: change of circumstances

Section 40

Revocation of registration: where agent no longer exists

Section 41

Removal from register on application: notification of agent

Section 42

Note on register where entry refused or removed: duration

Section 43

Power to obtain information and carry out inspections

For the purposes of a notice served by the Scottish Ministers under section 52(1) of the 2014 Act on or after 1 April 2026 or, as the case may be, an inspection carried out by an authorised person under section 53(1) of the 2014 Act on or after 1 April 2026.

Section 44(1) and (3)

Private residential tenancies: ending a joint tenancy

For the purposes of enabling regulations to be made under section 48A(1)(b)(ii), (1)(c)(ii)(B), (3)(c), (5), (6) and (7) of the 2016 Act (as inserted by section 44(3) of the Act).

Section 45

Student residential tenancies: power to enable tenant to bring tenancy to an end

Section 52(1)

Duties of relevant bodies in relation to homelessness

Section 52(9)

Duties of relevant bodies in relation to homelessness

For the purposes of enabling regulations to be made under section 36C(2)(c) of the 1987 Act (as inserted by section 52(9) of the Act).

Section 52(11)

Duties of relevant bodies in relation to homelessness

Section 52(12)(c) and (13)

Duties of relevant bodies in relation to homelessness

For the purposes of enabling regulations to be made under section 43A of the 1987 Act (as inserted by section 52(13) of the Act).

Section 53

Power to modify provision about a person becoming homeless intentionally

Section 58

Scottish social housing charter: supporting tenants effected by domestic abuse

Section 61

New pitch fees: considerations

Section 62

Meaning of “protected site”

Section 64

Registration: fit and proper person considerations

Section 65

Revocation of registration: where property factor no longer exists

Section 66

Removal from register following application

Section 67

Note on register where refusal or removal

For the purposes of a decision to refuse to enter a person in the register under section 4(5) of the 2011 Act, or a decision to remove a person from the register under section 8(1) of the 2011 Act, where that decision was taken on or after 1 April 2026.

Section 68

Property factor registered numbers: inclusion in communications

For the purposes of communication sent or placed on or after 1 April 2026.

Section 69

Monitoring of compliance

Section 70

Power for majority of owners to dismiss and appoint manager

Section 71

Fuel poverty strategy: consultation

Section 72

Periodic reports: periods, consultation and publication etc.

Section 73

Advisory panel: removal of funding cap

Section 77

Review of classification of properties

Section 80

Guidance for local authorities about a local housing emergency

Section 81

Rural impact assessment

Section 85

Minor and consequential amendments

For the purposes of bringing into force the minor and consequential amendments in the schedule of the Act that are listed in this table.

Paragraph 1 of the schedule

Rent (Scotland) Act 1984

Paragraph 3(1), (2)(a) and (3) of the schedule

Housing (Scotland) Act 2001

Paragraph 3(2)(b) and (c) of the schedule

Housing (Scotland) Act 2001

For the purposes of inserting “, 31B(1), 31C(1)” into sections 109(4) and 109(6) of the 2001 Act.

Paragraph 4 of the schedule

Housing (Scotland) Act 2006

Paragraph 5 of the schedule

Property Factors (Scotland) Act 2011

Paragraph 6 of the schedule

Housing (Scotland) Act 2014

Paragraph 7(1) and (2)(a) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

Paragraph 7(3) and (4)(a)(i), (b) and (c) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

Paragraph 7(4)(d) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

For the purposes of inserting paragraph (ca) into section 73(2) of the 2016 Act.

Paragraph 7(5) and (6)(a) and (b) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

Paragraph 7(6)(c)(i) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

For the purposes of inserting “, 17A(6)” into section 77(3) of the 2016 Act.

Paragraph 7(6)(c)(ii) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

For all purposes except the insertion of “51A(6),” into section 77(3) of the 2016 Act.

Paragraph 7(6)(d), (7) and (8) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

Section 49

Scottish secure tenancies: succession

For the purposes of Scottish secure tenancies where the tenant’s death occurs on or after 1 August 2026.

Section 50

Social landlords: delivery of notices etc

For the purpose of notices or other documents authorised or required by Chapter 1 of Part 2 of the 2001 Act, which are given on or after 1 August 2026.

Section 34

Payments for wrongful termination

For the purposes of a private residential tenancy which has been brought to an end by an eviction order, or in accordance with section 50 of the 2016 Act, on or after 6 October 2026.

Section 48

Private residential tenancies: succession

For the purposes of a private residential tenancy where the tenant’s death occurs on or after 6 October 2026.

Section 25

Private residential tenancies: capping of rent increases

For the purposes of a rent increase notice given by a landlord to a tenant under section 22(1) of the 2016 Act on or after 1 April 2027.

Section 26

Assured tenancies: capping of rent increases

For the purposes of a rent increase notice served by a landlord on a tenant under section 24(1) of the 1988 Act on or after 1 April 2027.

Section 44

Private residential tenancies: ending a joint tenancy

For all remaining purposes.

Section 85

Minor and consequential amendments

For the purposes of bringing into force the minor and consequential amendments in the schedule of the Act that are listed in this table.

Paragraph 2 of the schedule

Housing (Scotland) Act 1988

For the purpose of inserting “or 37(5)” into section 53(2) of the 1988 Act.

Paragraph 7(2)(b) of the schedule

Private Housing (Tenancies) (Scotland) Act 2016

For the purposes of a rent increase notice given by a landlord to a tenant, under section 22(1) of the 2016 Act, on or after 1 April 2027.