LegalizeThe Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026
Made: 26th February 2026
Laid before the Scottish Parliament: 2nd March 2026
Coming into force: 1st April 2026
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 86(2) and (4) of the Housing (Scotland) Act 2025[^f00001] and all other powers enabling them to do so.
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026.
- (2) These Regulations come into force on 1 April 2026.
- (3) In these Regulations—
- “the 1987 Act” means the Housing (Scotland) Act 1987[^f00002],
- “the 1988 Act” means the Housing (Scotland) Act 1988[^f00003],
- “the 2001 Act” means the Housing (Scotland) Act 2001[^f00004],
- “the 2011 Act” means the Property Factors (Scotland) Act 2011[^f00005],
- “the 2014 Act” means the Housing (Scotland) Act 2014[^f00006],
- “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016[^f00007],
- “the Act” means the Housing (Scotland) Act 2025.
Appointed days
2
- (1) 1 April 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 1 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
- (2) 1 August 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 2 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
- (3) 6 October 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 3 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
- (4) 1 April 2027 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 4 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
- (5) Where a purpose is specified in column 3 of the table in Parts 1, 2, 3 or 4 of the schedule, the corresponding provision in column 1 comes into force, in accordance with this regulation, only for that purpose.
Schedule — Appointed days
Part 1 — Provisions coming into force on 1 April 2026
| Column 1 (Provisions of the Act) | Column 2 (Subject matter) | Column 3 (Purpose) |
|---|---|---|
| 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 | For 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 [^f00008], on or after 1 April 2026, proposing a new pitch fee. |
| 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 | For the purposes of a vote to exercise the power in section 64(1) of the Title Conditions (Scotland) Act 2003 [^f00009] which takes place on or after 1 April 2026. |
| 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 |
Part 2 — Provision coming into force on 1 August 2026
| Column 1 (Provisions of the Act) | Column 2 (Subject matter) | Column 3 (Purpose) |
|---|---|---|
| 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. |
Part 3 — Provisions coming into force on 6 October 2026
| Column 1 (Provisions of the Act) | Column 2 (Subject matter) | Column 3 (Purpose) |
|---|---|---|
| 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. |
Part 4 — Provisions coming into force on 1 April 2027
| Column 1 (Provisions of the Act) | Column 2 (Subject matter) | Column 3 (Purpose) |
|---|---|---|
| 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. |
Signed
MAIRI MCALLAN — A member of the Scottish Government — 26th February 2026
Explanatory note
(This note is not part of the Regulations)
Explanatory Note
These Regulations bring into force a number of the provisions of the Housing (Scotland) Act 2025 (“the Act”) on 1 April 2026, 1 August 2026, 6 October 2026 and 1 April 2027.
Part 1 of the Act (sections 1 to 27), with the exception of sections 16, 17 and 24, is brought into force on 1 April 2026. Part 1 introduces an obligation on a local authority to conduct an assessment of rent conditions in their area and submit a report on that assessment to the Scottish Ministers. In that report, the local authority must make a recommendation as to whether rent control is necessary in any part of their area. Local authorities and the Scottish Ministers are given powers in Part 1 to request information about a property and a tenancy from a landlord. Part 1 then enables the Scottish Ministers to designate an area as a rent control area where they consider it necessary and proportionate, and it provides rules to regulate rent increases in the rent control area and the advertisement of rental properties in the rent control area.
Sections 25 and 26 of the Act amend the powers of rent officers and the First-tier Tribunal to set rent following referral of a rent increase by a tenant (or landlord) so that the rent cannot exceed that sought by the landlord in the initial rent increase notice. Section 27 requires the Scottish Ministers to conduct a five-yearly review of the operation of Part 1 of the Act.
Part 2 of the Act (sections 28 to 34) is being brought into force under exception of sections 28 to 32. Section 33 requires the Scottish Ministers to conduct a review of eviction grounds within 2 years of Royal Assent. Section 34 of the Act is being brought into force on 6 October 2026 and that section changes the sums that can be awarded to a tenant for wrongful termination.
Part 3 of the Act (sections 35 and 36) introduces procedures whereby a tenant can make a request to keep a pet at the property and make changes to the property. The only provisions in Part 3 that are being brought into force in these Regulations are the regulation-making powers for the Scottish Ministers to provide further detail as to how those procedures will operate once they are in force and the duties to consult before laying such regulations. Those powers and duties are brought into force on 1 April 2026.
Part 4 of the Act (sections 37 to 51) makes general provision relating to tenants and is being brought into force under exception of sections 37 and 51. Sections 46 and 47 are already in force. Sections 38 to 43 are being brought into force on 1 April 2026 and those sections make procedural changes to the operation of the letting agents register. Section 44 makes changes to the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”) to enable a single joint tenant to unilaterally terminate a joint tenancy. The regulation-making powers in section 44 are being brought into force on 1 April 2026 and the remainder of section 44 will come into force on 1 April 2027. Section 45 provides a regulation-making power for the Scottish Ministers to introduce notice periods for a student tenant to terminate their student tenancy. Sections 48 and 49 shorten the qualifying period for succession to a private residential tenancy or Scottish secure tenancy from 12 months to 6 months. Section 50 makes procedural changes for the way in which notices are to be served under the Housing (Scotland) Act 2001.
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