If your landlord wants to increase your rent

From 6 September 2022, there is a temporary cap on increases during tenancies. The cap is set at 0% and is expected to remain until at least 31 March 2023.

The Scottish Ministers have a duty to keep the emergency measures under review. They also have the power to vary, suspend or extend the rent cap while these emergency measures are in place.

If your tenancy is covered by the cap, this means that from 6 September 2022, your landlord cannot issue a notice to increase your rent, unless they can show an increase in certain costs associated with letting the property.

The rent cap applies to most existing tenancies in the private rented sector.

This includes:

• Private Residential Tenancies
• Assured tenancies
• Short assured tenancies

Landlords can still make rent changes between one tenancy ending and a new one starting.

Tenancies not covered by the rent cap

• Some assured tenancies where rent increases are controlled by the contract. If you have an assured tenancy where the way your rent will increase is set out in the contract and this provision on rent increase in the contract is still legally in force then your rent will be able to increase in the way agreed in the contract
• Regulated tenancies (under the Rent (Scotland) Act 1984). These tenancies already have strong protections in place, and rents for these tenancies can only increase once every three years
• Common law tenancies with the exception of student tenancy agreements. This includes arrangements like agricultural tenancies and lodger agreements (where you live with your landlord in their home)
• New tenancies. A landlord can set the rent for any new tenancy.  This may include some joint tenancies where some tenants are moving out and others are remaining in the property, but only where a new tenancy is being created.