The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 were considered by the Local Government, Housing and Planning Committee at meetings on 21 and 28 February 2023. The amendment, which was approved on 8 March 2023 saw 87 yes votes, 31 no's and no abstentions.
Propertymark provided oral evidence to the Committee on Tuesday 21 February 2023 and sent a briefing to all MSPs lobbying them before the vote in the Scottish Parliament view a copy of our briefing to MSPs →
The changes to the Act will mean that from 1 April 2023:
- If a private landlord chooses to increase a tenant's rent mid-tenancy, the increase will be capped at 3%
- Private landlords will alternatively be able to apply for a rent increase of up to 6% to help cover certain increases in costs in defined and limited circumstances
- Enforcement of evictions will continue to be paused for up to six months except in a number of specified circumstances
- Increased damages for unlawful evictions of up to 36 months' worth of rent will continue to apply
To reflect the changes, Propertymark's fact sheet has been updated, which members can log in and download.
Judicial review
The Lord Ordinary has granted permission for Propertymark's application for a judicial review to be heard by the Hon. Lord Harrower in the Court of Session. The Court has assigned a procedural hearing for 30 March 2023 and a substantive hearing for 4 May 2023. It is likely that the Court of Session decision will not be known until several weeks after the hearing on 4 May.
Housing Bill
Propertymark has been invited by the Tenants' Rights Minister to join a Scottish Government-led stakeholder engagement group to support their ongoing work to develop a national system of rent control. The first meeting is in late March 2023 and will continue through to the end of August.
We have also spoken to clerks at the Scottish Parliament’s Local Government, Housing and Planning Committee who are very keen to engage with Propertymark, our members and their landlords to carry out pre-legislative scrutiny of the Housing Bill. Email [email protected] for further information and to get involved.
