Changes to Rent Caps and Evictions from April 1, 2024

The temporary rent cap and eviction protections introduced by the Cost of Living (Tenant Protection) Act 2022 will cease to be effective from April 1, 2024. This final date is set by law and cannot be extended. Until then, private rents are capped at 3%, or at 6% in exceptional cases. These protections apply to all relevant Rent Increase Notices issued on or before March 31, 2024. Additionally, the extra eviction protections will also end at this time.

Information for Landlords

Rent Increases

Until March 31, 2024, there is a temporary cap on rent increases for most private tenancies, set at 3%. In certain situations, rents may be increased beyond this cap if landlords can demonstrate increased costs. Landlords can apply to Rent Officer (part of Rent Service Scotland) to cover up to 50% of their increased costs, not exceeding 6% of the existing rent.

Landlords are allowed to increase rent once in a 12-month period, providing tenants with the required notice according to their tenancy type (for PRTs, at least three months’ notice). Until March 31, 2024, rent cannot be increased by more than 3% of the current rent for tenancies under the cap, even if the increase would take effect after that date.

If tenants believe a rent increase exceeds the cap, they can contact Rent Service Scotland for verification. If the proposed increase is found to exceed the cap, the Rent Officer will set a rent increase at the allowed rate only.

Evictions

Enforcement of eviction orders paused under the Cost of Living Act can resume from April 1, 2024. If an eviction order or decree was paused under the emergency measures of the Cost of Living Act, this pause ends on March 31, 2024. Landlords can initiate the final steps to evict a tenant from April 1, 2024, even if the order specified a date after March 31, 2024.

As tenants do not receive copies of eviction orders, landlords may want to inform them of the upcoming changes effective from April 1.

Notices to Leave and Applications for Eviction Issued During the Cost of Living Act

Notices to leave/quit served on tenants under emergency measures remain valid. Similarly, applications for eviction made under these measures do not need to be reissued. If an application for eviction is pending, it will not be delayed under the Cost of Living Act. No new pause can be applied to eviction orders issued by the First-tier Tribunal for Scotland (Housing and Property Chamber) on or after April 1, 2024, under the Cost of Living Act.

Notices of Proceedings and Summary Cause Eviction Proceedings Raised (Social Sector Landlords)

Notices of proceedings issued on tenants under emergency measures for reasons such as antisocial or criminal behaviour remain valid. Applications for eviction made to the court also remain valid and do not need to be reissued. Pending eviction applications will not be delayed under the Cost of Living Act. No new pause can be applied to eviction decrees issued by the Scottish Courts on or after April 1, 2024, under the Cost of Living Act.