The Private Housing Rent Control (Exempt Property) (Scotland) Regulations 2026 - Fairer Scotland Duty assessment

Summary of assessment findings

The proposed regulations have been carefully considered and informed by stakeholder engagement and consultation.

No further options are being considered to strengthen these regulations, which have been informed by consultation and engagement with stakeholders alongside the Bill’s parliamentary process. However, we recognise that ensuring that tenants and prospective tenants have information about any exemptions which may be applied under these proposals will be vital in ensuring both that the exemptions operate correctly, and that tenants have the information they need to make informed decisions about their tenancies.

It is therefore intended that there will be a process by which a property is confirmed as an exempt property, in order to enable tenants to be notified about the exempt status of a property and to verify that a property is exempt from rent control. The legislation includes a power for the Scottish Ministers to set out such a process, and it is anticipated that this will be the subject of future regulations. Further assessment of any potential impacts of this will accompany any future regulations which are brought forward.

Furthermore, Section 27 of the 2025 Act^[4] creates a duty on the Scottish Ministers to carry out a review of the operation and effectiveness of the rent control measures in the Act and prepare a report on that review.

The review will include consultation with local authorities and persons representing the interests of both tenants and landlords, and, in their report, the Scottish Ministers will be required to consider whether the rent control provisions have operated effectively, and describe any steps which they propose to take as a result of the findings of the review. The review must be carried out as soon as reasonably practicable after the end of the period of 5 years beginning with the day of Royal Assent (06 November 2025).