Cost of Living (Tenant Protection) (Scotland) Act 2022

Rent cap for Scottish secure tenancies and short Scottish secure tenancies

3 (1) The Housing (Scotland) Act 2001 (“the 2001 Act”) applies in accordance with the modifications in this paragraph.

(2) The 2001 Act has effect as if after section 24 (restriction on variation of tenancy) there were inserted—

“24A Rent cap controls

(1) On or after 6 September 2022, the landlord under a Scottish secure tenancy may not increase the rent payable under the tenancy by more than the permitted rate.

(2) In subsection (1), the “permitted rate” is 0%.

(3) The Scottish Ministers may by regulations substitute a different percentage for the one for the time being mentioned in subsection (2).”.

(3) Section 25 (increase in rent or charges) has effect as if—

(a) in subsection (1), at the beginning there were inserted “Subject to subsection (1A),”,

(b) after subsection (1) there were inserted—

“(1A) The landlord under a Scottish secure tenancy may not give notice under subsection (1) to increase the rent payable under the tenancy—

(a) if the permitted rate is 0%, or

(b) if the permitted rate is more than 0%, by more than the permitted rate.”,

(c) after subsection (4) there were inserted—

“(5) A notice under subsection (1) given by the landlord under a Scottish secure tenancy to increase the rent payable under the tenancy is of no effect if—

(a) the notice is given on or after 6 September 2022, and

(b) at the time the notice is given the permitted rate is 0%.

(6) In this section, “permitted rate” has the same meaning as in section 24A(2).

(7) Nothing in this section prevents the landlord under a Scottish secure tenancy who proposes to increase the rent or any other charge payable under the tenancy that is payable by all (or any description) of its tenants from—

(a) consulting those of its tenants who would be affected by the proposal, and

(b) having regard to the views expressed by those consulted.”.

(4) Section 109(6) (orders and regulations) has effect as if after “7(3)” there were inserted “or 24A(3)”.