The Cost of Living (Tenant Protection) (Scotland)

The Cost of Living (Tenant Protection) (Scotland) Act 2022 has been passed by the Scottish Parliament.

Following on from our previous blog, the rent freeze and eviction ban in Scotland, or to give it it's official title - Cost of Living (Tenant Protection) (Scotland) Act 2022 - has today been passed by the Scottish Parliament. This has been expected for some time, since the original announment by Nicola Sturgeon in September.

The full statement from the Scottish Government is below:-

The Cost of Living (Tenant Protection) (Scotland) Act 2022 has been passed by the Scottish Parliament.

The Act temporarily:

  • restricts landlords from increasing the amount of rent they can charge private and social tenants, as well as for student accommodation
  • places certain restrictions on enforcement of evictions from residential tenancies
  • balances these restrictions with safeguards for those landlords who may be facing particular cost pressures or financial hardship
The rent cap, which applies to in-tenancy rent increases, has initially been set at 0% from 6 September 2022 until at least 31 March 2023. Ministers have the power to vary the rent cap while it is in force.

Enforcement of eviction orders resulting from the cost crisis are prevented over the same period except in a number of specified circumstances, and damages for unlawful evictions have been increased to a maximum of 36 months’ worth of rent.

The measures can be extended over two further six-month periods.

You can view more information on the Act here

https://www.mygov.scot/rent-cap-landlords
https://www.mygov.scot/eviction-pause-landlords

If you are concerned about how the measures will affect you, it might be helpful to contact Citizens’ Advice or Shelter Scotland:

https://www.citizensadvice.org.uk/scotland/
https://scotland.shelter.org.uk/housing_advice

If you have any questions on the above, please feel free to contact our Letting Team at the Shawlands branch.