Plans to extend Scottish rent cap and eviction ban until March 2024

The Scottish Government announced on 1^st June 2023 that they intend to extend the Cost of Living (Tenant Protection) (Scotland) Act Regulations beyond 30 September 2023 for an additional six months in an effort to protect private tenants during the cost-of-living crisis.

Subject to the approval of parliament, the government will extend the provisions of the Act to 31^st March 2024.

This is the final extension permitted by the 2022 Act.

Passed by Scottish Parliament in October 2022, the Cost of Living (Tenant Protection) (Scotland) Act 2022 currently imposes the following:

• In-tenancy rent increases are capped at 3% (prior to April 2023 the rent cap was 0%). The rent cap does not apply to new tenancies. In line with existing legislation, private landlords need to give their tenants notice before they increase the rent. For a private residential tenancy, rents can only be increase once in every 12 months.
• Private landlords can also apply to Rent Service Scotland for a higher rent increase, of up to 6%, to help cover certain cost increases incurred in the preceding six months.
• The rent cap for college and university halls of residence and purpose-built student accommodation is suspended.
• There is a temporary pause of up to six months on the enforcement of some eviction orders (some evictions can still go ahead – see more information here).
• There are increased damages for unlawful evictions to a maximum of 36 months’ worth of rent.

Social rented tenancies were originally included in the rent cap. However, following a voluntary agreement with social landlords to implement below inflation rent increases for 2023-24, the rent cap for social housing was removed in February 2023.

For further details about the Cost of Living (Tenant Protection) (Scotland) Act 2022, visit the Scottish Government website.

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