Housing (Scotland) Act 2025 – update
As members will be aware, this Act was approved by parliament last year but most provisions won’t come into force for another year or two. The government has now published regulations to give dates for when some measures will come into force.
1 April 2026 – this is when the rent control framework will come into force including:
(i) requirements for local authorities to undertake rent condition assessments by May 2027 and
(ii) measures allowing the government to regulate in the future to implement rent control areas.
From this date local authorities and the government can require landlords to disclose how much rent their tenants pay, as part of data collecting powers within the rent control legislation. However, we won’t see any rent control areas being proposed/implemented until some time after May 2027. For the time being, landlords can continue to raise the rent to market value when setting up a new tenancy and doing a mid-tenancy rent increase.
6 October 2026 – this is when changes to wrongful termination order (WTO) payments will apply. If a tenant believes they have been misled into moving out of a PRT tenancy by the landlord using an eviction ground which didn’t apply, the tenant can apply to the tribunal for a WTO. If the tribunal is satisfied that the landlord used an eviction ground which didn’t apply then it must fine the landlord. The current fine scale ranges from 0-6 months’ rent. For tenants moving out on/after 6 October 2026 this will change to 3-36 months’ rent. WTO applications are few and far between and in most cases the tribunal find that the landlord has not misled the tenant and do not issue a WTO. Also from 6 October 2026 there will be changes to succession rules on the death of a tenant. Currently a partner, family member or carer who has been living in the property with the tenant for at least 12 months prior to the tenant’s death has an automatic right to succeed to the tenancy. For tenants who die on/after 6 October 2026 the qualifying period will reduce to 6 months. Tenancy successions are quite rare so most landlords will not be impacted by this.
1 April 2027 – from this date the time tenants have to apply to the rent officer if they wish to challenge a PRT rent increase will rise from 21 days to 30 days. Rent officers will no longer be able to raise the rent above the figure the landlord has proposed on a PRT rent increase notice – they must assess the market value and if that is above what the landlord has proposed they must set the rent at the figure the landlord has proposed. Also on this date changes to the procedure for ending joint PRT tenancies will come into force – this will enable one joint tenant to end the tenancy for all tenants. This reverses the current position whereby a joint tenancy can only be ended by all tenants giving notice. There will be detailed guidance published on this provision nearer to the implementation date.
Dates have not yet been announced for other provisions coming into force, including:
- rules preventing landlords from unreasonably refusing permission for PRT tenants to have a pet or personalise the property
- changes to prevent landlords raising the rent on a PRT in the first 12 months of the tenancy
- the power for the government to regulate to covert assured and short assured tenancies into PRTs.
We will keep members updated with any further developments in the implementation of the Act.
