The Housing (Scotland) Act 2025 represents one of the most wide-ranging reforms of Scotland’s private rented sector in recent years. Since Rory Cowan of BKF & Co last joined the podcast in 2022, rent controls have returned to the centre of housing policy, alongside a broader strengthening of tenant protections. While the Act has now received Royal Assent, many of its most significant provisions remain dependent on future regulations, creating uncertainty for landlords, agents and investors.
In this episode, we explore the legal significance of the Act and how it compares to previous reforms of the private rented sector. A central theme of the discussion is the introduction of Rent Control Areas (RCAs), including how they differ from the Rent Protection Zones proposed under earlier legislation, and why this version has now been enacted. We also look at the expanded role of local authorities, who will be required to assess rent conditions and collect detailed information from landlords to inform decisions on whether RCAs should be introduced.
Beyond rent: tribunals, evictions and tenant rights
While rent controls are a major focus, the Act goes much further. The podcast examines the shift to CPI-linked rent increases within RCAs, the extension of rent controls to certain new lets, and the circumstances where market rent will still apply. We also discuss whether these measures could influence landlord behaviour in ways policymakers may not have intended.
Beyond rent, the Act significantly expands the discretion of the First-tier Tribunal. Tribunals will now be required to consider hardship on both tenants and landlords when enforcing evictions, while penalties for unlawful eviction and wrongful termination have increased substantially. The conversation also covers changes around pets, tenant alterations, and joint tenancies, including whether the new pre-notice process resolves long-standing practical issues.
Finally, Rory reflects on the Act as a whole, considering what landlords, agents and investors may be underestimating about its long-term impact and why the detail of future regulations will be critical in shaping how these reforms operate in practice.
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