Temporary rent cap and eviction protections brought in by the Cost of Living (Tenant Protection) Act 2022 will no longer apply from 1 April 2024.
This date is built into the legislation and cannot be extended further.
There is a temporary cap on rent increases during tenancies. From 1 April 2023 the cap is set at 3% and is expected to remain until 31 March 2024 at the latest.
The Scottish Ministers have a duty to keep the emergency measures under review. They also have the power to vary or suspend the rent cap while these emergency measures are in place.
The rent cap applies to most existing tenancies in the private rented sector.
- Private Residential Tenancies
- Assured tenancies
- Short assured tenancies
Landlords can still make rent changes between one tenancy ending and a new one starting.
If your tenancy is covered by the cap, your landlord cannot increase your rent by more than 3% of the current rent, unless they apply to Rent Service Scotland and can show an increase in certain costs associated with letting the property.
If you think your rent increase is above the cap, you can contact Rent Service Scotland to check it for you. If the Rent Officer finds that the proposed rent increase is above the cap, they will set a rent increase of the allowed rate only.
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.
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