LegalizeReform history
Private Housing (Tenancies) (Scotland) Act 2016
17 versions
· 2016-04-22
2025-03-31
Private Housing (Tenancies) (Scotland) Act 2016
2024-04-01
Private Housing (Tenancies) (Scotland) Act 2016
Changes on 2024-04-01
@@ -2,7 +2,7 @@
## PART 1 — Private residential tenancy
#### Regulation-making powers
#### Limits on power to designate a zone
##### 1
@@ -2625,11 +2625,11 @@
.
#### Interpretation of section 1
#### Meaning of private residential tenancy
#### Frequency with which rent may be increased
#### Duty to provide specified information
#### Determination of open market rent
#### Frequency with which rent may be increased
@@ -2825,8 +2825,6 @@
[^key-33c5af523a1fa67dc624a59a45c9ed97]: Sch. 1 para. 11 in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-3553f2ef4d5a9e61204cf8475444507b]: Word substituted in [S. 33B(4)(b)](https://www.legislation.gov.uk/asp/2016/19/section/33B/4/b) (in so far as that provision is treated as inserted (temp.) by 2022 asp 10, sch. 1 para. 1(17)) (1.4.2023) by [The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82)](https://www.legislation.gov.uk/ssi/2023/82), [regs. 1(3)](https://www.legislation.gov.uk/ssi/2023/82/regulation/1/3), [4(4)](https://www.legislation.gov.uk/ssi/2023/82/regulation/4/4) (with [reg. 5(3)](https://www.legislation.gov.uk/ssi/2023/82/regulation/5/3))
[^key-37b723582da81774504d9755a52636c0]: [S. 15](https://www.legislation.gov.uk/asp/2016/19/section/15) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-381d261be567105eb26c932b880bbfb1]: S. 55 in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
@@ -2855,8 +2853,6 @@
[^key-51a98dc941a6df6f9b75dc02cd05ffbe]: [S. 9](https://www.legislation.gov.uk/asp/2016/19/section/9) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-5213a8bdb10c8ef4353eccd0771e733e]: Word substituted in [S. 21A(2)](https://www.legislation.gov.uk/asp/2016/19/section/21A/2) (in so far as that provision is treated as inserted (temp.) by 2022 asp 10, sch. 1 para. 1(5)) (1.4.2023) by [The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82)](https://www.legislation.gov.uk/ssi/2023/82), [regs. 1(3)](https://www.legislation.gov.uk/ssi/2023/82/regulation/1/3), [4(2)](https://www.legislation.gov.uk/ssi/2023/82/regulation/4/2)
[^key-53616aa2b4883f3f6e8fb22534ac53fc]: Word in [sch. 3 para. 10(2)](https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/10/2) repealed (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 43(3)(h)(ii)](https://www.legislation.gov.uk/asp/2022/8/section/43/3/h/ii), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1) (with [s. 48(1)](https://www.legislation.gov.uk/asp/2022/8/section/48/1))
[^key-53726e1fffc4225213817ece7ac79992]: Word in [sch. 3 para. 4(2)](https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/4/2) substituted (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 43(3)(d)(i)](https://www.legislation.gov.uk/asp/2022/8/section/43/3/d/i), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1) (with [s. 48(1)](https://www.legislation.gov.uk/asp/2022/8/section/48/1))
@@ -2913,6 +2909,8 @@
[^key-6c5350862d7b168d123f2639683ad91a]: [S. 22(1)](https://www.legislation.gov.uk/asp/2016/19/section/22/1) [(3)-(8)](https://www.legislation.gov.uk/asp/2016/19/section/22/3) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-6d75af3a85748992b075b9cd1927a9ac]: [S. 32](https://www.legislation.gov.uk/asp/2016/19/section/32) modified (temp. until the end of 31.3.2025) (1.4.2024) by [The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89)](https://www.legislation.gov.uk/ssi/2024/89), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/1), [2(1)(5)](https://www.legislation.gov.uk/ssi/2024/89/regulation/2/1) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/2)) (with savings for expiry in [S.S.I. 2025/29](https://www.legislation.gov.uk/ssi/2025/29), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2025/29/regulation/1/1), [2](https://www.legislation.gov.uk/ssi/2025/29/regulation/2))
[^key-6d934cff74cd6c5c48280bd34d2f2531]: Sch. 3 para. 4 in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-6da815c6d7f257efe929c977c1cdec02]: [Sch. 2 para. 1](https://www.legislation.gov.uk/asp/2016/19/schedule/2/paragraph/1) in force at 31.10.2016 by [S.S.I. 2016/298](https://www.legislation.gov.uk/ssi/2016/298), [reg. 2](https://www.legislation.gov.uk/ssi/2016/298/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/298/schedule)
@@ -3011,6 +3009,8 @@
[^key-9b326bbbe0f8a9a8679f365cb1bfc429]: [S. 43(1)](https://www.legislation.gov.uk/asp/2016/19/section/43/1) in force at 31.10.2016 for specified purposes by [S.S.I. 2016/298](https://www.legislation.gov.uk/ssi/2016/298), [reg. 2](https://www.legislation.gov.uk/ssi/2016/298/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/298/schedule)
[^key-9b33b5f8d252cb16248ae5bc95c7e094]: [S. 25](https://www.legislation.gov.uk/asp/2016/19/section/25) modified (temp. until the end of 31.3.2025) (1.4.2024) by [The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89)](https://www.legislation.gov.uk/ssi/2024/89), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/1), [2(1)(2)](https://www.legislation.gov.uk/ssi/2024/89/regulation/2/1) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/2)) (with savings for expiry in [S.S.I. 2025/29](https://www.legislation.gov.uk/ssi/2025/29), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2025/29/regulation/1/1), [2](https://www.legislation.gov.uk/ssi/2025/29/regulation/2))
[^key-9b5fea56f0607aad0b45d1b141f480d2]: [Sch. 4 para. 7](https://www.legislation.gov.uk/asp/2016/19/schedule/4/paragraph/7) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-9c3db59d34badf1ffccea89019fcf220]: [Sch. 4 para. 8](https://www.legislation.gov.uk/asp/2016/19/schedule/4/paragraph/8) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
@@ -3057,6 +3057,8 @@
[^key-bb371c91b8998d01545686ea5d8651fa]: Sch. 1 para. 16 in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-bbc2231c98add2870d801683ff93bc13]: [S. 31A](https://www.legislation.gov.uk/asp/2016/19/section/31A) treated as inserted (temp. until the end of 31.3.2025) (1.4.2024) by virtue of [The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89)](https://www.legislation.gov.uk/ssi/2024/89), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/1), [2(1)(4)](https://www.legislation.gov.uk/ssi/2024/89/regulation/2/1) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/2)) (with savings for expiry in [S.S.I. 2025/29](https://www.legislation.gov.uk/ssi/2025/29), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2025/29/regulation/1/1), [2](https://www.legislation.gov.uk/ssi/2025/29/regulation/2))
[^key-bcf628d5ccc692062e59c1dba8e6905d]: [Sch. 3 para. 6(2)(b)](https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/6/2/b) and word inserted (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 43(3)(e)(iii)](https://www.legislation.gov.uk/asp/2022/8/section/43/3/e/iii), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1) (with [s. 48(1)](https://www.legislation.gov.uk/asp/2022/8/section/48/1))
[^key-be0241778c2ca5f48fa3e739cf991855]: [Sch. 2 para. 8](https://www.legislation.gov.uk/asp/2016/19/schedule/2/paragraph/8) in force at 31.10.2016 by [S.S.I. 2016/298](https://www.legislation.gov.uk/ssi/2016/298), [reg. 2](https://www.legislation.gov.uk/ssi/2016/298/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/298/schedule)
@@ -3075,8 +3077,6 @@
[^key-c55c46a43d837cd6ccf1eda84d8b4678]: [Sch. 5 para. 2](https://www.legislation.gov.uk/asp/2016/19/schedule/5/paragraph/2) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule) (with [reg. 6](https://www.legislation.gov.uk/ssi/2017/346/regulation/6))
[^key-c6f646da78b5b11a533f013e975485dc]: Word substituted in [s. 33B(2)(b)](https://www.legislation.gov.uk/asp/2016/19/section/33B/2/b) (in so far as that provision is treated as inserted (temp.) by 2022 asp 10, sch. 1 para. 1(17)) (1.4.2023) by [The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82)](https://www.legislation.gov.uk/ssi/2023/82), [regs. 1(3)](https://www.legislation.gov.uk/ssi/2023/82/regulation/1/3), [4(3)](https://www.legislation.gov.uk/ssi/2023/82/regulation/4/3) (with [reg. 5(3)](https://www.legislation.gov.uk/ssi/2023/82/regulation/5/3))
[^key-c765f0f01307ae800eb28366941605bf]: [Sch. 3 para. 12(2)](https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/12/2) repealed (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 43(3)(i)](https://www.legislation.gov.uk/asp/2022/8/section/43/3/i), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1) (with [s. 48(1)](https://www.legislation.gov.uk/asp/2022/8/section/48/1))
[^key-c95c4fc6102d5961bd292d04bf947224]: [S. 65](https://www.legislation.gov.uk/asp/2016/19/section/65) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
@@ -3103,12 +3103,12 @@
[^key-da6e179b0c14d90ebccdab7389f15dcd]: [Sch. 2 para. 2](https://www.legislation.gov.uk/asp/2016/19/schedule/2/paragraph/2) in force at 31.10.2016 by [S.S.I. 2016/298](https://www.legislation.gov.uk/ssi/2016/298), [reg. 2](https://www.legislation.gov.uk/ssi/2016/298/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/298/schedule)
[^key-dacdae316d63bbd27fae6c360740aeba]: Word in [s. 33C(4)(b)](https://www.legislation.gov.uk/asp/2016/19/section/33C/4/b) (in so far as that provision is treated as inserted (temp.) by 2022 asp 10, sch. 1 para. 1(17)) (1.4.2023) by [The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82)](https://www.legislation.gov.uk/ssi/2023/82), [regs. 1(3)](https://www.legislation.gov.uk/ssi/2023/82/regulation/1/3), [4(5)](https://www.legislation.gov.uk/ssi/2023/82/regulation/4/5) (with [reg. 5(4)](https://www.legislation.gov.uk/ssi/2023/82/regulation/5/4))
[^key-dc5307f28be8125e7cf7bcbd81e14ad6]: [Sch. 4 para. 3](https://www.legislation.gov.uk/asp/2016/19/schedule/4/paragraph/3) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-dd713319f6ecc820b7495c7b40f404b2]: Word in [sch. 3 para. 3(2)](https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/3/2) substituted (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 43(3)(c)(i)](https://www.legislation.gov.uk/asp/2022/8/section/43/3/c/i), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1) (with [s. 48(1)](https://www.legislation.gov.uk/asp/2022/8/section/48/1))
[^key-ddae1aa55316d732f28144e7ee38c41d]: [S. 34](https://www.legislation.gov.uk/asp/2016/19/section/34) modified (temp. until the end of 31.3.2025) (1.4.2024) by [The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89)](https://www.legislation.gov.uk/ssi/2024/89), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/1), [2(1)(5)](https://www.legislation.gov.uk/ssi/2024/89/regulation/2/1) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/2) (with savings for expiry in [S.S.I. 2025/29](https://www.legislation.gov.uk/ssi/2025/29), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2025/29/regulation/1/1), [2](https://www.legislation.gov.uk/ssi/2025/29/regulation/2))
[^key-de4c5b78becaef2e2a37e48ada50c666]: [S. 42](https://www.legislation.gov.uk/asp/2016/19/section/42) in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-dfde5b57f082dcb8af45f4f3208aa320]: S. 49 in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
@@ -3159,6 +3159,8 @@
[^key-f1f96983cc123b52fc13237633a00115]: Sch. 3 para. 6 in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
[^key-f47180085cbf85a3de8d39c8747ddf76]: [S. 29](https://www.legislation.gov.uk/asp/2016/19/section/29) modified (temp. until the end of 31.3.2025) (1.4.2024) by [The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89)](https://www.legislation.gov.uk/ssi/2024/89), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/1), [2(1)(3)](https://www.legislation.gov.uk/ssi/2024/89/regulation/2/1) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2024/89/regulation/1/2)) (with savings for expiry in [S.S.I. 2025/29](https://www.legislation.gov.uk/ssi/2025/29), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2025/29/regulation/1/1), [2](https://www.legislation.gov.uk/ssi/2025/29/regulation/2))
[^key-f4adc54b65c1d80baac252d6b7726f37]: Word in [sch. 3 para. 1(2)](https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/1/2) substituted (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 43(3)(a)(i)](https://www.legislation.gov.uk/asp/2022/8/section/43/3/a/i), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1) (with [s. 48(1)](https://www.legislation.gov.uk/asp/2022/8/section/48/1))
[^key-f6abdd2f4e579c8e19f35ebee4c6870c]: Sch. 1 para. 13 in force at 1.12.2017 by [S.S.I. 2017/346](https://www.legislation.gov.uk/ssi/2017/346), [reg. 2](https://www.legislation.gov.uk/ssi/2017/346/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/346/schedule)
@@ -3221,197 +3223,39 @@
##### 21A
- (1) On or after 6 September 2022, the landlord under a private residential tenancy may not increase the rent payable under the tenancy by more than the permitted rate.
- (2) For the purposes of this Chapter, the “permitted rate” is 3%.
- (3) The Scottish Ministers may by regulations substitute a different percentage for the one for the time being mentioned in subsection (2).
- (4) Any rent-increase notice given on or after 6 September 2022 during a period when the permitted rate is 0% is of no effect.
- (5) This section is subject to [Chapter 2A](#p01035).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chapter 2A — Rent variation instigated by landlord’s application to rent officer
##### 33A
- (1) A landlord under a private rented tenancy may make an application to the relevant rent officer to increase the rent payable under the tenancy by more than the permitted rate in order to recover up to 50% of the increase in any prescribed property costs that the landlord has incurred during the relevant period.
- (2) An application under [subsection (1)](#p01039) must include—
- (a) evidence of an increase in any prescribed property costs of the landlord incurred during the relevant period, and
- (b) a statement of—
- (i) the rent payable under the tenancy, and
- (ii) the rent that would be payable under the tenancy if the proposed rent increase took effect (“the proposed rent”).
- (3) The landlord must give notice in writing to the tenant under the private residential tenancy of any application under [subsection (1)](#p01039) which must include—
- (a) a statement of the proposed rent,
- (b) a statement that the proposed rent would be an increase to the rent payable under the tenancy of more than the permitted rate,
- (c) a statement that the rent payable under the tenancy is not increased unless and until—
- (i) the relevant rent officer makes an order determining the rent payable under the tenancy, or
- (ii) if the order is appealed to the First-tier Tribunal, the Tribunal makes an order determining the rent payable under the tenancy,
- (d) a description of the prescribed property costs of the landlord that have increased during the relevant period prompting the proposed rent, and
- (e) where an increase mentioned in [paragraph (d)](#p01088) includes an increase in the landlord’s service costs, details of the nature of the increase in the service costs and the amount.
- (4) In this Chapter, “*prescribed property costs*”, in relation to a landlord, are—
- (a) interest payable in respect of a mortgage or standard security relating to the let property,
- (b) a premium payable in respect of insurance (other than general building and contents insurance) relating to the let property and the offering of the property for let,
- (c) service charges relating to the let property that are paid for by the landlord but the payment of which the tenant is responsible for (in whole or in part) in accordance with the terms of the tenancy.
- (5) The Scottish Ministers may by regulations modify the list in [subsection (4)](#p01098) so as to amend, remove or add to the matters for the time being mentioned in the list.
- (6) In this Chapter—
- “*proposed rent*” has the meaning given in [subsection (2)](#p01043)[(b)](#p01051)[(ii)](#p01058),
- “*relevant period*” means the period of 6 months occurring immediately before the day on which the application under [subsection (1)](#p01039) is made,
- “*relevant rent officer*”, in relation to a private rented tenancy, means the rent officer of the area in which the let property is situated.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
- (1) Where a rent officer receives an application under [section 33A](#p01037)[(1)](#p01039), the rent officer must decide whether the following conditions are met—
- (a) the rent officer is satisfied that the landlord’s prescribed property costs that are specified in the application have increased during the relevant period, and
- (b) the rent officer is satisfied that the amount of the proposed increase to the rent payable under the tenancy represents no more than 50% of the increase in the landlord’s prescribed property costs incurred during the relevant period as specified in the application.
- (2) If both conditions mentioned in [subsection (1)](#p01931) are met, the rent officer must make an order stating that from the effective date the rent under the tenancy is the lower of—
- (a) the proposed rent, or
- (b) the rent payable under the tenancy as increased by 6%.
- (3) If either or both of the conditions mentioned in [subsection (1)](#p01142) is or are not met, the rent officer may make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the rent officer.
- (4) In determining the rent under [subsection (3)](#p01169), the rent officer—
- (a) may not determine that the rent payable under the tenancy from the effective date is an amount that would be an increase to the rent payable under the tenancy of more than an amount representing 50% of the increase in the landlord’s prescribed property costs incurred during the relevant period as specified in the application under [section 33A](#p01037)[(1)](#p01039), and
- (b) in any event, may not determine that the rent payable under the tenancy from the effective date is more than the rent payable under the tenancy as increased by 6%.
- (5) For the purpose of [subsection (2)](#p01156) or [(3)](#p01169), the effective date is—
- (a) where the rent officer makes the order under either of those subsections 14 days or more before the original effective date, the original effective date,
- (b) otherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order.
- (6) In this section—
- “*original effective date*” is the day after the expiry of the period of three months beginning with the day on which notice is given to the tenant under [section 33A](#p01037)[(3)](#p01064),
- “*payment date*” means a date on which a rent payment falls to be made in accordance with the terms of the tenancy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33C
- (1) Where a rent officer makes an order under [section 33B](#p01140)[(2)](#p01156) or [(3)](#p01169) in relation to the rent payable under a private residential tenancy, the landlord or the tenant may appeal against the order to the First-tier Tribunal.
- (2) An order under [section 33B](#p01140)[(2)](#p01156) or [(3)](#p01169) may not be appealed against more than 14 days after the order is made.
- (3) Where an appeal is made to the First-tier Tribunal under [subsection (1)](#p01220), the First-tier Tribunal may make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the First-tier Tribunal.
- (4) In determining the rent under [subsection (3)](#p01234), the First-tier Tribunal—
- (a) may not determine that the rent payable under the tenancy from the effective date is an amount that would be an increase to the rent payable under the tenancy of more than an amount representing 50% of the increase in the landlord’s prescribed property costs incurred during the relevant period as specified in the application under [section 33A](#p01037)[(1)](#p01039), and
- (b) in any event, may not determine that the rent payable under the tenancy from the effective date is more than the rent payable under the tenancy as increased by 6%.
- (5) For the purpose of [subsection (3)](#p01234), the effective date is—
- (a) where the First-tier Tribunal makes its order 14 days or more before the original effective date, the original effective date,
- (b) otherwise, the first payment date falling at least 14 days after the day on which the First-tier Tribunal makes its order.
- (6) Making an appeal under [subsection (1)](#p01220) renders the order under [section 33B](#p01140)[(2)](#p01156) or [(3)](#p01169) that is being appealed against of no effect.
- (7) In this section—
- “*original effective date*” is the day after the expiry of the period of three months beginning with the day on which notice is given to the tenant under [section 33A](#p01037)[(3)](#p01064),
- “*payment date*” means a date on which a rent payment falls to be made in accordance with the terms of the tenancy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33D
If an appeal under [section 33C](#p01218)[(1)](#p01220) is withdrawn or dismissed, [subsection (6)](#p01267) of that section ceases to have effect (and the order under [section 33B](#p01140)[(2)](#p01156) or [(3)](#p01169) that was being appealed against is reinstated).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33E
- (1) An order under [section 33C](#p01218)[(3)](#p01234)may be reviewed in accordance with this section only.
- (2) Accordingly (and without prejudice to the generality of [subsection (1)](#p01303)), a decision of the First-tier Tribunal to make an order under [section 33C](#p01218)[(3)](#p01234)may be neither—
- (a) reviewed under section 43 of the Tribunals (Scotland) Act 2014, nor
- (b) appealed against under section 46 of that Act.
- (3) The First-tier Tribunal may review an order under [section 33C](#p01218)[(3)](#p01234)—
- (a) at its own instance, or
- (b) at the request of the landlord or the tenant under the tenancy to which the order relates.
- (4) In a review under [subsection (3)](#p01324), the First-tier Tribunal may—
- (a) take no action, or
- (b) correct a minor error contained in the order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33F
- (1) The Scottish Ministers may by regulations substitute a different percentage for the one for the time being mentioned in each of the following provisions—
- (a) [section 33A](#p01037) [(1)](#p01039),
- (b) [section 33B](#p01140) [(1)](#p01142) [(b)](#p01151),
- (c) [section 33B](#p01140) [(4)](#p01174) [(a)](#p01178),
- (d) [section 33C](#p01218) [(4)](#p01239) [(a)](#p01243).
- (2) The Scottish Ministers may by regulations substitute a different percentage (which percentage must be no lower than the permitted rate) for the one for the time being mentioned in each of the following provisions—
- (a) [section 33B](#p01140) [(2)](#p01156) [(b)](#p01164),
- (b) [section 33B](#p01140) [(4)](#p01174) [(b)](#p01184),
- (c) [section 33C](#p01218) [(4)](#p01239) [(b)](#p01249).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33G
- (1) This section applies where––
- (a) the rent payable under a private residential tenancy has been changed by an order made under [section 33B](#p01140)[(2)](#p01156) or [(3)](#p01169) or [section 33C](#p01218)[(3)](#p01234),
- (b) the effective date stated in the order (“the actual effective date”) falls later than the day after the expiry of the period of three months beginning with the day on which notice is given to the tenant under [section 33A](#p01037)[(3)](#p01064) (“the originally proposed effective date”), and
- (c) the rent payable from the actual effective date (“the new rent”) is more than the rent payable immediately before that date (“the old rent”).
- (2) On the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between––
- (a) the amount that would have been payable in rent between the originally proposed effective date and the actual effective date had the new rent been the rent payable from the originally proposed effective date, and
- (b) the amount that should have been paid in rent during the same period (whether or not it was actually paid).
- (3) [Subsection (4)](#p01454) applies if, at the end of the day falling 28 days after a tenant’s liability under [subsection (2)](#p01436) arose, that liability is (in whole or in part) still outstanding.
- (4) For the purposes of paragraphs 12 and [12A](#p03187) of schedule 3, the liability mentioned in [subsection (2)](#p01436) is to be regarded as a sum that fell to be paid by way of rent on the day the liability arose.
- (5) In this section, a reference to a period between two dates includes both of those dates.
#### Power to modify Chapter
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Landlord intends to sell property to alleviate financial hardship
### ...
@@ -3425,97 +3269,17 @@
##### 1A
- (1) It is an eviction ground that the landlord intends to sell the let property to alleviate financial hardship.
- (2) The First-tier Tribunal may find that the ground named by [sub-paragraph (1)](#p03046) applies if—
- (a) the landlord—
- (i) is entitled to sell the let property,
- (ii) is suffering financial hardship, and
- (iii) intends to alleviate that hardship by selling the let property for market value, or at least put it up for sale, within 3 months of the tenant ceasing to occupy it, and
- (b) the Tribunal is satisfied that it is reasonable to issue an eviction order.
- (3) Evidence tending to show that the landlord has the intention mentioned in [sub-paragraph (2)](#p03050)[(a)](#p03054)[(iii)](#p03065) includes (for example)—
- (a) a letter of advice from an approved money advisor or a local authority debt advice service,
- (b) a letter of advice from an independent financial advisor,
- (c) a letter of advice from a chartered accountant,
- (d) a letter of engagement from a solicitor or estate agent concerning the sale of the let property,
- (e) a recently prepared document that anyone responsible for marketing the let property would be required to possess under section 98 of the Housing (Scotland) Act 2006 were the property already on the market, and
- (f) an affidavit stating that the landlord has that intention.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4A
- (1) It is an eviction ground that the landlord intends to live in the let property to alleviate financial hardship.
- (2) The First-tier Tribunal may find that the ground named by [sub-paragraph (1)](#p03117) applies if—
- (a) the landlord—
- (i) is suffering financial hardship, and
- (ii) intends to alleviate that hardship by occupying the let property as the landlord’s only or principal home for at least 3 months, and
- (b) the Tribunal is satisfied that it is reasonable to issue an eviction order.
- (3) References to the landlord in this paragraph—
- (a) in a case where two or more persons jointly are the landlord under a tenancy, are to be read as referring to any one of them,
- (b) in a case where the landlord holds the landlord’s interest as a trustee under a trust, are to be read as referring to a person who is a beneficiary under the trust.
- (4) Evidence tending to show that the landlord has the intention mentioned in [sub-paragraph (2)](#p03121)[(a)](#p03125)[(ii)](#p03132) includes (for example)—
- (a) a letter of advice from an approved money advisor or a local authority debt advice service,
- (b) a letter of advice from an independent financial advisor,
- (c) a letter of advice from a chartered accountant,
- (d) an affidavit stating that the landlord has that intention.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Substantial rent arrears
##### 12A
- (1) It is an eviction ground that the tenant has substantial rent arrears.
- (2) The First-tier Tribunal may find that the ground named by [sub-paragraph (1)](#p03188) applies if—
- (a) the tenant has accrued rent arrears under the tenancy in respect of one or more periods,
- (b) the cumulative amount of those rent arrears equates to, or exceeds, an amount that is the equivalent of 6 months’ rent under the tenancy when notice to leave is given to the tenant on this ground in accordance with section 52(3), and
- (c) the Tribunal is satisfied that it is reasonable to issue an eviction order.
- (3) In deciding under [sub-paragraph (2)](#p03192) whether it is reasonable to issue an eviction order, the Tribunal is to consider—
- (a) whether the tenant being in arrears of rent over the period or periods in question is wholly or partly a consequence of a delay or failure in the payment of a relevant benefit,
- (b) the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers under paragraph 12(4)(b) (and continued in force by virtue of section 49 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022).
- (4) For the purpose of this paragraph—
- (a) references to a relevant benefit are to—
- (i) a rent allowance or rent rebate under the Housing Benefit Regulations 2006 ([S.I. 2006/213](https://www.legislation.gov.uk/uksi/2006/213)),
- (ii) a payment on account awarded under regulation 93 of those Regulations,
- (iii) universal credit, where the payment in question included (or ought to have included) an amount under section 11 of the Welfare Reform Act 2012 in respect of rent,
- (iv) sums payable by virtue of section 73 of the Education (Scotland) Act 1980,
- (b) references to delay or failure in the payment of a relevant benefit do not include any delay or failure so far as it is referable to an act or omission of the tenant.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Power to modify Chapter 2
@@ -3542,3 +3306,31 @@
- (a) must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and
- (b) may consult any other person they consider appropriate.
##### 31A
- (1) Where an order maker is to determine the rent payable under section 25(1) or (as the case may be) 29(1), the determination is to be made on the basis that the rent payable is the lowest of—
- (a) the proposed rent,
- (b) the open market rent,
- (c) where the market difference is more than 6%, the permitted rent.
- (2) The permitted rent is—
- (a) where the market difference is less than 24%, the calculated amount,
- (b) where the market difference is 24% or more, 12% more than the current rent.
- (3) The calculated amount is the amount (to the nearest £1) determined using the formula—
$$Amount £=C×106%±D%-6%3$where— *C* is the current rent, *D%* is the market difference expressed as a percentage.$
- (4) In this section—
- “*the proposed rent*” means the rent specified in accordance with section 22(2)(a)(i) in the rent-increase notice which prompted the referral,
- “*the current rent*” means the rent payable under the tenancy immediately before the date on which the rent would have been increased in accordance with section 22(4) had a referral to the rent officer not been made,
- “*the market difference*” means the percentage figure (to the nearest two decimal places) determined using the formula—$The market difference expressed as a percentage D%=M-CC×100%$where— *C* is the current rent, *M* is the open market rent,“*the open market rent*” means the rent determined in accordance with section 32.
2023-09-27
Private Housing (Tenancies) (Scotland) Act 2016
2023-04-01
Private Housing (Tenancies) (Scotland) Act 2016
2023-03-31
Private Housing (Tenancies) (Scotland) Act 2016
2022-10-28
Private Housing (Tenancies) (Scotland) Act 2016
2022-10-01
Private Housing (Tenancies) (Scotland) Act 2016
2022-03-30
Private Housing (Tenancies) (Scotland) Act 2016
2022-03-01
Private Housing (Tenancies) (Scotland) Act 2016
2020-10-03
Private Housing (Tenancies) (Scotland) Act 2016
2020-05-27
Private Housing (Tenancies) (Scotland) Act 2016
2020-04-07
Private Housing (Tenancies) (Scotland) Act 2016
2019-07-01
Private Housing (Tenancies) (Scotland) Act 2016
2017-12-01
Private Housing (Tenancies) (Scotland) Act 2016
2017-04-27
Private Housing (Tenancies) (Scotland) Act 2016
2016-10-31
Private Housing (Tenancies) (Scotland) Act 2016
2016-04-22
Private Housing (Tenancies) (Scotland) Act 2016
original version
Text at this date