Update on the Cost of Living (Tenant Protection) (Scotland) Act 2022

Update on the Cost of Living (Tenant Protection) (Scotland) Act 2022



Hello everyone,


I wanted to bring your attention to the recent developments surrounding the Cost of Living (Tenant Protection) (Scotland) Act 2022, which came into effect in October 2022. This act has introduced crucial additional protections for tenants in Scotland, aiming to ensure their well-being by:


- Restricting landlords from increasing rental amounts for tenants.

- Implementing specific limitations on eviction enforcement in residential tenancies.

- Striking a balance by providing safeguards for landlords who may be facing financial hardship or cost pressures.


It's important to note that the rent cap applies to most tenants in the private rented sector. However, there have been exceptions in certain sectors. For example, the rent cap was suspended in the purpose-built student accommodation sector due to the minimal impact of the rent setting process.


Exciting news for tenants in Scotland is that the Scottish Parliament has approved a final six-month extension of the Act. This means that until at least March 31, 2024:


- Most in-tenancy private rent increases will continue to be capped at 3% for any 12-month period.

- Enforcement of evictions will remain paused for six months for most tenants, with a few specified exceptions.

- Landlords experiencing financial hardship can apply for approval to increase rent by up to 6% to cover certain cost increases during a specified timeframe, backed by evidence.


For more detailed information on these measures, you can visit the following links:

- [Rent Cap for Landlords](https://www.mygov.scot/rent-cap-landlords)

- [Eviction Pause for Landlords](https://www.mygov.scot/eviction-pause-landlords)


A New Deal for Tenants


Building on this, the Scottish Government is committed to delivering a "New Deal for Tenants." This includes the creation of new rights and powers for tenants and the introduction of long-term rent controls for the private rented sector.


For more insight into this initiative, you can refer to these resources:

- [Programme for Government 2023-24](https://www.gov.scot/publications/programme-government-2023-24/)

- [New Deal for Tenants - Draft Strategy Consultation Paper](https://www.gov.scot/publications/new-deal-tenants-draft-strategy-consultation-paper/)


Your Input Matters


To support these reforms and engage with stakeholders from landlord, tenant, and investor groups, the government has launched a questionnaire. It seeks input from both landlords and tenants and will remain open for responses until October 27, 2023. Your participation is valuable, and you can access the questionnaire [here](https://consult.gov.scot/better-homes-division/rented-sector-reform-landlord-and-tenant/). Additionally, a supporting paper providing more detail on these proposals has been published, and you can view it [here](https://www.gov.scot/publications/new-deal-tenants-rented-sector-reform-current-proposals/).


Conclusion


These developments represent significant steps towards ensuring the well-being of tenants in Scotland. The government's commitment to tenant protection and engagement is commendable, and your input can play a crucial role in shaping these reforms.


Best regards,

Remi Kuti


This message has been sent on behalf of the Scottish Government by your Local Authority and relates to you as a registered landlord. If you have any questions or need further assistance, please don't hesitate to contact your local authority [here](https://www.landlordregistrationscotland.gov.uk/local-authority-contact).

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