On 31st March 2024 the Cost of Living (Tenant Protection) (Scotland) Act 2022 legislation expired. This Act was brought in during the Covid-19 pandemic by the Scottish Government and allowed them to apply a rent freeze and eviction ban to protect tenants in private residential tenancies.
Now that the Act is no longer in force this means that from 1st April 2024 onward if you are living in a private residential tenancy your landlord can apply to either increase your rent or evict you on certain grounds.
The Scottish Government has introduced temporary legislation for one year to adjust the process on how you can challenge a proposed rent increase if you live in a private residential tenancy.
We have more information and advice below on the steps your landlord must follow if they wish to either increase your rent or evict you from the property, and what you can do to challenge them.
Can my landlord increase my rent after the rent cap ends on 1st April 2024?
Yes, but only if you are served with a valid rent increase notice on or after 1st April 2024.
However, the maximum increase your landlord can implement is 12%.
If you receive notification from your landlord that they wish to increase your rent, you should first check that they have followed the correct procedure for this. Shelter Scotland have some helpful guidance on how to check if you have received a valid rent increase notice on their website.
Your landlord is required to provide you with at least 3 months’ notice before the increase can take effect, and if you wish to challenge the proposed increase you should firstly approach your landlord to try and negotiate this with them.
If you are unable to reach an agreement with the landlord and you still wish to challenge the proposed increase, you can apply to Rent Service Scotland for them to review and adjudicate on the matter.
You can make an application to Rent Service Scotland to review the proposed increase via their website. You should then normally receive a decision from Rent Service Scotland within 40 days.
It’s crucial that you if you wish to ask Rent Service Scotland to adjudicate that you contact them within 21 days of receiving the rent increase notice from your landlord.
My landlord has notified me that they intend to increase my rent by more than 12% after 1st April 2024, is this allowed?
No, even if your landlord serves you with a valid rent increase notice the maximum amount your rent can legally be increased by is 12%.
If you have received a rent increase notice from your landlord and are thinking of challenging it with Rent Service Scotland you can use the calculator on their website to work out if the proposed increase is likely to be accepted.
There are more details on how Rent Service Scotland reach a decision on a proposed rent increase, and some example scenarios which may be helpful to review on their website here.
My landlord served me with a rent increase notice before 1st April 2024, does this mean it is invalid?
Not necessarily no. Whilst in force The Cost of Living (Tenant Protection) (Scotland) Act 2022 still permitted landlords to increase the rent, but only by up to a maximum of 6%.
You should follow the steps linked to above on the Shelter Scotland website to check if the rent increase notice is valid, and if it appears to be valid and was served before 1st April 2024, the maximum increase permitted under the law at that time is 6%.
If your landlord served the notice before 1st April 2024 and is attempting to increase your rent by more than 6% you should contact them to challenge this, or contact Rent Service Scotland to ask them to review the proposed increase.
My landlord has served me with an invalid rent increase notice, what should I do?
You should contact your landlord and point out that you do not believe the rent increase notice is valid and that as such you will not be paying the proposed rent increase.
If you find yourself in this situation and would like further advice or support, please contact the SRC Advice Centre.
Eviction ban
Whilst the Cost of Living (Tenant Protection) (Scotland) Act 2022 was in force, the majority of evictions for private residential tenants were prohibited. Unfortunately, this protection from eviction will now end on 31st March 2024.
This means that if you receive notice of eviction from your landlord from 1st April 2024 onwards they must follow the procedure laid out on the Shelter Scotland website for the eviction to be legal.
If you have received an eviction order from your landlord and need further advice please reach out to the SRC Advice Centre team as soon as possible.