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

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Part 1Provisions coming into force on 1 April 2026

Table 1

Column 1 (Provisions of the Act)Column 2 (Subject matter)Column 3 (Purpose)
Section 1Periodic assessment of rent conditions
Section 2Report to Scottish Ministers following periodic assessment
Section 3Interim assessment and reports by local authorities
Section 4Scottish Ministers to review local authority report
Section 5Further assessment of rent conditions and report by local authority
Section 6Ministerial guidance on assessments of rent conditions
Section 7Ministerial guidance on reports following assessments of rent conditions
Section 8Scottish Ministers’ duty to report
Section 9Power to designate rent control area
Section 10Designation of rent control area: consultation
Section 11Duty to keep rent control area under review
Section 12Variation of rent controls in existing rent control area: consultation
Section 13Properties subject to modified rent control area restrictions
Section 14Information that may be sought by local authority or the Scottish Ministers
Section 15Information sharing and cooperation between local authorities and the Scottish Ministers
Section 18Scottish Ministers’ request for landlord information from local authorities
Section 19Power to require landlords to provide information
Section 20Power to modify law in connection with the expiry of rent control area
Section 21Scottish Ministers: information and research
Section 22Prospective landlords’ duty to include information about rent in advertisementsFor the purposes of an advertisement placed on or after 1 April 2026.
Section 23Setting and variation of rentFor all remaining purposes.
Section 27Review of the operation of Part 1 of the Act
Section 33Review of eviction grounds
Section 35Private residential tenancies: keeping pets and making changes to let propertyFor 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 36Scottish secure tenancies etc.: keeping petsFor 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 38Applications for registrationFor the purposes of applications for registration under section 30(1) of the 2014 Act made on or after 1 April 2026.
Section 39Duty to inform: change of circumstances
Section 40Revocation of registration: where agent no longer exists
Section 41Removal from register on application: notification of agent
Section 42Note on register where entry refused or removed: duration
Section 43Power to obtain information and carry out inspectionsFor 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 tenancyFor 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 45Student 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 homelessnessFor 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 homelessnessFor 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 53Power to modify provision about a person becoming homeless intentionally
Section 58Scottish social housing charter: supporting tenants effected by domestic abuse
Section 61New pitch fees: considerationsFor the purposes of a notice served by an owner on an occupier, under paragraph 17(1) or 19(1) of Chapter 2 of Part 1 of schedule 1 of the Mobile Homes Act 1983 (1), on or after 1 April 2026, proposing a new pitch fee.
Section 62Meaning of “protected site”
Section 64Registration: fit and proper person considerations
Section 65Revocation of registration: where property factor no longer exists
Section 66Removal from register following application
Section 67Note on register where refusal or removalFor 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 68Property factor registered numbers: inclusion in communicationsFor the purposes of communication sent or placed on or after 1 April 2026.
Section 69Monitoring of compliance
Section 70Power for majority of owners to dismiss and appoint managerFor the purposes of a vote to exercise the power in section 64(1) of the Title Conditions (Scotland) Act 2003 (2) which takes place on or after 1 April 2026.
Section 71Fuel poverty strategy: consultation
Section 72Periodic reports: periods, consultation and publication etc.
Section 73Advisory panel: removal of funding cap
Section 77Review of classification of properties
Section 80Guidance for local authorities about a local housing emergency
Section 81Rural impact assessment
Section 85Minor and consequential amendmentsFor 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 scheduleRent (Scotland) Act 1984
Paragraph 3(1), (2)(a) and (3) of the scheduleHousing (Scotland) Act 2001
Paragraph 3(2)(b) and (c) of the scheduleHousing (Scotland) Act 2001For the purposes of inserting “, 31B(1), 31C(1)” into sections 109(4) and 109(6) of the 2001 Act.
Paragraph 4 of the scheduleHousing (Scotland) Act 2006
Paragraph 5 of the scheduleProperty Factors (Scotland) Act 2011
Paragraph 6 of the scheduleHousing (Scotland) Act 2014
Paragraph 7(1) and (2)(a) of the schedulePrivate Housing (Tenancies) (Scotland) Act 2016
Paragraph 7(3) and (4)(a)(i), (b) and (c) of the schedulePrivate Housing (Tenancies) (Scotland) Act 2016
Paragraph 7(4)(d) of the schedulePrivate Housing (Tenancies) (Scotland) Act 2016For the purposes of inserting paragraph (ca) into section 73(2) of the 2016 Act.
Paragraph 7(5) and (6)(a) and (b) of the schedulePrivate Housing (Tenancies) (Scotland) Act 2016
Paragraph 7(6)(c)(i) of the schedulePrivate Housing (Tenancies) (Scotland) Act 2016For the purposes of inserting “, 17A(6)” into section 77(3) of the 2016 Act.
Paragraph 7(6)(c)(ii) of the schedulePrivate Housing (Tenancies) (Scotland) Act 2016For 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 schedulePrivate Housing (Tenancies) (Scotland) Act 2016

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