Rent cap: private landlord guidance
Guidance for private landlords on the rent cap as it relates to cost of living emergency legislation.
Rent increase notices
Rent-increases: position on or after 6 September 2022
The cap will apply to any rent increase notice served on or after 6th September 2022 in respect of tenancy types covered by the Act. This was the date that the Rent freeze focus of Programme for Government - gov.scot (www.gov.scot) was announced. It will not be possible to give notice of a rent increase whilst the cap is at zero.
If a landlord issued a rent increase notice to their tenant on or after 6 September 2022 (whilst the cap is at zero), the notice is no longer valid.
Tenants who received such a notice on or after 6 September will not require to pay increased rent while the rent cap is set at zero.
The Scottish Government will seek to raise awareness of the temporary emergency changes with landlords and tenants.
Where the rent cap is set at zero, there is no formal route for a tenant to apply to a Rent Officer in respect of a rent increase notice received from their landlord. However, if a tenant receives a rent increase notice whilst the cap is at zero they can contact the Rent Officer who can confirm, in writing, that a rent increase cannot take place whilst the rent cap is set at zero.
If the rent cap is set above zero, a tenant can apply to a Rent Officer where they receive a rent increase notice proposing an increase that they think is above the level allowed by the cap. The Rent Officer will verify, in writing, whether the rent increase is valid, or propose a valid increase if the proposed increase is invalid because it is above the cap.
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 6 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.
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