Cost of living: rent and eviction

Rent adjudication

The act includes provisions to temporarily change the current rent adjudication process in case this is needed to support the move out of the emergency measures.

We recognise that once the rent cap ends this may lead to a large number of landlords seeking to increase their rent all at once. Given rent adjudication is currently based on open market values, any decision by Rent Service Scotland at that time would reflect the rents being charged by landlords following the rent restrictions. These rents could potentially be very high. In these circumstances, the existing rent adjudication process would not provide a reasonable way to determine a reasonable rent increase, because the existing process is based on the open market value.

This temporary change will allow us to take steps to support the move out of the emergency measures if they are needed. This will help to reduce any unintended consequences which might happen due to the emergency measures coming to an end.

For example, in cases where a tenant seeks adjudication after receiving a rent increase notice, the power could be used to stop Rent Service Scotland, or the Tribunal from determining a new rent which is above the rent  requested by the landlord in the notice. Before any changes can be made to the rent adjudication process, the Scottish Minsters must get the views of stakeholders, and agreement from the Scottish Parliament.