Increasing the rent for a private residential tenancy

If your tenant has a private residential tenancy, you:

• can only increase the rent once in a 12-month period
• must give your tenant at least 3 months’ written notice of the increase

There is no cap on how much you can increase rent by.

The form you must use

You must send the tenant a rent increase notice by using the correct form.

The rent increase notice must be signed and dated.

If you’re sending it by post or email, you must allow 2 days for them to get it.

How to create a rent increase notice.

If you do not use the form

You cannot increase the rent if you do not use the correct rent increase notice.

If you tell the tenant about a rent increase in any other way, the rent remains unchanged. For example, if you tell them in person.

If you did not give the tenant 3 months’ notice

The tenant can return part 3 of the rent increase notice to you, saying that you have not given them enough notice.

They do not need to pay the increased rent until 3 months have passed.

If your tenant does not accept the rent increase

The tenant must return part 3 of the rent increase notice to you, saying that they do not accept the rent increase.

They can then ask Rent Service Scotland to check the rent increase and set the rent amount that you can charge.

Rent Service Scotland must receive their application within 21 days of them getting the rent increase notice.

What Rent Service Scotland can do

A rent officer will set the rent amount. They’ll do this by assessing the ‘open market’ rent based on rents for similar properties in the area.

The amount they set can be higher or lower than the increase you are asking for.

They’ll aim to decide within 40 days of getting the tenant’s application.

They may need to visit the property before making a decision.

If you disagree with the rent officer’s decision

You can ask the rent officer to review their decision. You must do this within 14 working days of getting the decision.

If you still disagree after the review, you can appeal the decision. To do this, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). You must apply within 14 working days of getting the review decision.

How to apply to the tribunal

Complete form H (Rent Assessment) and send it to the tribunal. Get form H and notes for completing it on the tribunal’s website. 

You’ll need to send the tribunal copies of:

• the rent officer’s decision
• the original rent increase notice

There’s no cost to appeal to the tribunal.