Scottish government freezes rents for residential tenants

An eviction ban and freeze on rent increases in Scotland was made law on 6 October through the Cost of Living (Tenant Protection) Bill.

This gives ministers temporary powers to cap rents for private and social tenants, as well as for student accommodation, and is initially in force until the end of March next year.

The cap on rent rises is presently set at 0% and applies to any notices of rent increases from 6 September 2022 to at least 31 March 2023.

See also: Tenancy and rent advice 

Any notices served prior to 6 September 2022 can be enforced as normal and the rent freeze does not apply to new tenancies, only to mid-tenancy increases.

The rent cap can be varied while it is in force and the measures can be extended over two further six-month periods.

Except in limited circumstances, the bill prevents enforcement of eviction actions resulting from the cost of living crisis. It also increases the amount of damages for unlawful evictions to a maximum of 36 months’ worth of rent.

Representing landowners, Scottish Land & Estates said that the measure represented a disproportionate shift in the balance between tenant and landlord rights that was likely to lead to more properties being withdrawn from the market in the short and medium term.

Sarah-Jane Laing, chief executive of Scottish Land & Estates, said: “There is already a scarcity of housing available for rent in many areas, with a huge demand for any available property.

“This is coupled with regulations such as energy efficiency legislation for tenanted properties which is costing huge sums of money – especially in rural areas – and is leading to huge costs for property owners or to landlords leaving the sector altogether.

“While never completely perfect, even relatively recently we had a well-functioning private rented sector that in most cases worked for tenants and landlords. Indeed, the Scottish government published its Scottish Household Survey 2020 which showed that 94% of households in the private rented sector were very or fairly satisfied.”