Rent cap: private landlord guidance

These measures are coming to an end on 31 March 2024. Regulations to protect tenants concerned about rent increases have been laid in the Scottish Parliament.

Rent increase notices

Rent increase notices: position for those served on or before 5 September 2022

Where a landlord served a valid rent-increase notice on or before 5 September 2022, this will not be affected by the rent cap.  Find out more about the rules which apply to rent increase notices served before 5 September 2022.

In order to be a valid rent increase notice, landlords must:

  • have used the correct form of rent increase notice for the type of tenancy
  • follow all applicable statutory rules relating to the relevant tenancy type including giving the tenant the correct amount of notice.

Tenants may have a right to challenge a rent increase by applying to a Rent Officer (Rent Service Scotland) or to the First-tier Tribunal.

Rent increase notices:  position for those served on or after 1 April 2023

From 6 September 2022 until 31 March 2023, a 0% rent cap was in place which effectively froze rents and meant that any rent increase notice served by a landlord was void.

From 1 April 2023, the rent cap has increased to 3%, meaning that a landlord can issue a rent increase notice on their tenant(s) – so long as it is within the permitted rate.  You can find out more information here.

If your tenant believes a rent increase is in excess of the 3% rent cap, they have the right to refer the increase to Rent Service Scotland for verification that the proposed increase is within the permitted rate.

If the proposed rent increase is found by the Rent Officer to be in excess of the permitted rent then the Rent Officer will set a rent increase of the permitted rate only.

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