Please see the summary below regarding changes to the Cost of Living (Tenant Protection) (Scotland) Act 2022. To summarise, the previous legislation provided for: 1) A Rent Cap for Private Sector Tenants - The cap on rent increases was initially set at 0% meaning there was a rent freeze in place.
- From 1 April 2023, the rent cap increased to 3%, or 6% in exceptional circumstances if approved by Rent Service Scotland.
2) A Delay in the Enforcement of some Eviction Orders - This applies to social and private rented housing.
- Notes that the emergency legislation did not introduce a complete ban on evictions.
- Eviction orders granted on some eviction grounds could still be enforced straight away.
If an eviction order was granted on some eviction grounds, then the landlord would need to wait 6 months before it could be enforced. What are the changes from the 1st April 2024? 1) Rent Increases - The Scottish Government has introduced regulations to provide for a transition out of the rent cap.
- Landlords will not be restricted in the rent increase they can specify in a rent increase notice.
- Landlords will be able to specify any rent increase. If tenants want to challenge the rent increase, they can take their rent increase notice to adjudication via Rent Service Scotland or the First Tier-Tribunal (as was the case prior to the emergency legislation). The regulations temporarily amend the detail of the rent adjudication process.
- As with the existing legislation, tenants with a private residential tenancy can only have their rents increased once every 12 months and tenants need to be given 3 months’ notice of any rent increase. Rent increase notices proposing more than 3% increase can only be served from 1 April 2024 onwards.
It is important that renters are aware of their right to challenge a rent increase. For more information and guidance, please see links below: For Council tenants, the City of Edinburgh Council decided to raise rents by 7% after a 3% raise last year and a freeze in the years prior. The Council also decided to continue to the ‘Tenant Hardship Fund’ and the Liberal Democrat amendment to put more of that funding into repair services was passed. If you need advice or support, the Council have set up a webpage at edinburgh.gov.uk/housing-support-advice, or you are welcome to get in touch using my contact details below. It is frustrating that the Scottish Government hasn’t recognised the scale of resource necessary to invest to resolve the housing crisis affecting my constituency of Edinburgh Western and much of the rest of the city. | 