Whether you are a portfolio landlord or a landlord with a single property, understanding the publication of the Scottish Government’s 2025 Housing (Scotland) Bill is essential. The legislation aims to strengthen tenant rights, expand homelessness prevention duties, and improve housing standards across Scotland.
This guide breaks down the key elements of the Bill. For landlords, this means a new set of responsibilities and changes to eviction processes and rent reviews.
The Housing (Scotland) Bill became an Act on 6th November 2026. Although many of its key measures will not take effect immediately, different parts will be phased in from 2025 to 2028.
Rent Controls
The most widely discussed part of the new Bill is the setting up of permanent Rent Control Areas (RCAs). These powers go beyond the temporary rent caps introduced during the cost-of-living crisis and will now form part of long-term housing policy.
Local authorities must now assess rent levels every five years and report them to Scottish Ministers. They will request information from landlords and letting agencies regarding the property sizes and rent levels etc. Failure to provide accurate information, or knowingly falsifying information may result in a £1,000 fine. Based on the collated evidence, Ministers can designate any part of a council area as a rent control zone. They also have the powers to increase or shrink the designated rent control area, monitor its effectiveness and end controls if it shows signs of improvement. For any property not in a rent control zone, rent increases can continue to be implemented as normal. If your property is in a rent control zone it will be subject to the following limits:
Limits on Rent Increases
- The permitted rate is calculated using the previous 12 months’ CPI plus 1%, with an upper cap of 6%.
- Rent can only be increased once every 12 months, even outside rent control areas.
Exempt Properties
Not every property will automatically fall under rent controls. Landlords may apply for an exemption based on the landlords or tenants’ circumstances or if the property type and characteristics differ from the other properties in the area.
Applications for exemption can be made through the local authority and will require a fee to be paid. The exemption will also come with a set of approvals and any exemption can be withdrawn if the circumstances change or can be granted for a defined period.
An Exemption Register which will be open to the public, which will list all exempt properties in rent-controlled areas. Landlords are legally obliged to inform a tenant if they have applied for exemption and have to advertise it if the property is exempt when re-letting the property.
Rent Officer
If a landlord issues a rent increase notice above the permitted level in a rent control area, the tenant can appeal to the Fair Rent Officer.
The officer has the right to uphold the rent increase, cap it at the permitted amount, or
reduce the increase to 0%. If they are unhappy with the increase they can appeal for a second rent officer to assess the application.
Change in Eviction Rules
The Housing (Scotland) Bill requires the first tier tribunal staff to consider delaying evictions in certain circumstances to minimise the risk of homelessness. These include situations where eviction would cause significant financial hardship to the tenant, adverse effects on their health, or disruption during important life events such as exams.
However, delays will not be granted in a situation where there is a “fault” ground for eviction. Examples of this are: rent arrears, antisocial behaviour, criminal convictions etc. Delays will also not be granted if it will cause financial hardship for a landlord.
The Housing (Scotland) Bill has introduced damages for unlawful evictions. This is a significant change. Tribunals can now award between 3 and 36 times the monthly rent as compensation for tenants who have been unlawfully evicted. Copies of these decisions will be sent to the police and the landlord registration department which may affect the landlord’s ability to trade going forwards. For landlords, this makes following proper legal procedures in eviction cases more important than ever. Any attempt to remove a tenant outside the formal eviction route may lead to severe penalties.
Tenants’ Rights (Pets)
The Housing (Scotland) Bill significantly impacts tenant rights, with two of the biggest changes relating to pets and property alterations.
Tenants now have a statutory right to request permission to keep a pet, and landlords must respond in writing, within 30 days and either granting permission or providing clear reasons for refusal. Landlords can apply reasonable conditions, such as requiring professional cleaning at the end of the tenancy or obtaining pet insurance or paying an additional pet deposit, but they cannot impose a ban on pets without a reasonable reason for doing so. The only automatic exclusions relate to dangerous wild animals.
If a landlord refuses consent, the tenant can appeal to the First Tier Tribunal, which has the power to issue a consent order, overriding the landlord’s decision.
Tenants’ Rights (Property Alterations)
Tenants may request alterations in the property, such as accessibility improvements or minor property adaptations.
Category 2 alterations (painting, shelves, installing TV brackets on a wall etc) cannot be unreasonably refused. Tenants have 42 days to appeal a refusal by applying to the First Tier Tribunal and must notify the landlord if they do so. Landlords should therefore expect more requests for adaptations and should ensure that their decisions are properly communicated to the tenant.
Letting Agent Registration & Code of Practice
The Act has made some minor amendments to the statutory Code of Practice, setting out standards for how agents must operate. If letting agents breach the Code, tenants or landlords can enforce it via the First-tier Tribunal (Housing and Property Chamber).
Other Matters to be Aware of:
- If a tenancy deposit is lodged with an approved tenancy deposit scheme and remains unclaimed after 5 years, it could be transferred to the Scottish Government for use in areas like housing support and advice for tenants/provision for reducing homelessness. The ministers must report on what the money has been used for.
- There are changes to how joint tenancies (where two or more people are tenants) can be ended. If one tenant wants to vacate and the other tenant wants to remain in the property, the vacating tenant can now serve notice by themselves, but they also have to copy other joint tenants on that notice. This is a significant change as prior to this, all tenants were jointly and severally liable for a lease until the tenancy was ended by all parties. The tenant must issue a pre-notice of their intention to end the tenancy to all tenants and the landlord, which must be for a minimum period of two months but must not exceed three months. They must give the landlord a copy of all pre-notices that have been issued to the tenant within 7 days of issuing it. If they do not do this, the notice will not stand. Landlords will be required to work with councils and provide certain services or support to vulnerable tenants that are vacating in domestic abuse circumstances.
- The Bill gives powers to convert older “assured tenancies” (from the 1988 Act) into Private Residential Tenancies without signing any paperwork (PRT’s).
- The right of succession to a tenancy is reduced from 12 to 6 months. This means that if the named person on the lease dies, a qualifying family member can take over a deceased tenant’s lease and remain in the property provided they have lived in the property prior to the death for 6 months.
- The proposed amendments include giving Ministers more power to impose minimum timeframes on landlords to investigate and carry out repairs.
Homelessness Prevention
Local authorities and public bodies will now have a legal duty to prevent homelessness before it occurs. This includes early identification of risks, referral to support agencies, and
proactive planning to reduce the threat of homelessness if they suspect a client is at risk of homelessness.
Property Standards and Fuel Poverty
The Act strengthens property standards by embedding a clearer commitment to tackling fuel poverty through energy-efficiency reforms: The Scottish Government is proposing minimum energy efficiency standards for private rented homes, under draft regulations, by 2028 new tenancies should meet a reformed Energy Performance Certificate (EPC) “Heat Retention Rating” of band C, with a backstop of 2033 for all PRS homes. These measures aim to ensure that rental properties are more thermally efficient, reducing tenants’ energy bills, lowering the risk of cold, damp conditions, and contributing to climate goals while also offering support for landlords to make the necessary improvements.
Other Tenant-Related Changes
The Bill also introduces changes beyond the private rented sector which are:
Mobile Homes: New tribunal powers and updated pitch-fee regulations.
Property Factors: Stricter ‘fit and proper’ assessments.
Council Tax: New rules on how local authorities can vary council tax on certain occupied dwellings and review of joint-and-several liability rules.
Housing Emergencies
The government gains the power to declare national or local housing emergencies which enables temporary but significant intervention in the housing system. Although not directly linked to day-to-day landlord operations, these developments may affect future policy decisions around rents, support schemes, and taxation.
What This Means for Landlords in Practice
The overall direction of this Bill is towards a more regulated, more accountable private rented sector in which landlords need to stay informed, organised, and proactive. The Housing (Scotland) Bill gives landlords clearer processes for exemptions and appeals, and maintains essential protections around antisocial behaviour and criminal activity.
The bill means there will be tighter regulation and an increased reporting and transparency,
more tenant rights, and a stronger emphasis on homelessness prevention. Landlords will face more paperwork on rent increases, more scrutiny during eviction processes and closer monitoring through letting agent and property factor rules.
However landlords who understand and adapt to the changes will be well-positioned to manage risk, remain compliant, and maintain positive relationships with tenants.
