During 2025, Scotland passed the Housing (Scotland) Act 2025, introducing a range of reforms to the private rented sector.
The legislation provides for a number of changes designed to strengthen tenants’ rights, including new rights to request permission to keep a pet or make certain changes to their home, as well as changes to the frequency with which rents can be increased.
However, many of these measures require further secondary legislation and do not yet have a commencement date.
Two significant areas of reform that landlords and letting agents should be preparing for are Awaab’s Law and the introduction of Rent Control Areas.
Rent Control Areas
The Housing (Scotland) Act 2025 establishes a framework for evidence-based Rent Control Areas in Scotland. However, Rent Control Areas are not currently scheduled to come into effect in 2027.
From 1 April 2026, local authorities have been required to assess rent conditions in their areas. Their first assessment reports must be submitted to Scottish Ministers by 31 May 2027, with further assessments required on a five-yearly cycle. However, due to the local government elections next year, the local authorities will need to complete the assessment reports by mid-March, which is a tight deadline.
These assessments will help Scottish Ministers determine whether it is necessary and proportionate to designate a Rent Control Area in a particular local authority area.
If an area is designated, rent increases for applicable private residential tenancies will be capped at Consumer Price Index (CPI) plus 1%, subject to a maximum increase of 6%. The cap will apply both within and between tenancies.
The Scottish Government has also introduced exemptions from rent controls for certain types of housing, including Mid-Market Rent and Build-to-Rent properties, with the aim of supporting investment and increasing housing supply.
The local authority assessments will inform Scottish Ministers’ decisions on whether it is justified and proportionate to designate rent control areas in the proposed areas; there is no time frame for when the Scottish Government must respond to the reports, but Propertymark urges it to do so as quickly as possible to avoid prolonging uncertainty.
Propertymark’s position on Rent Control Areas
Propertymark has consistently opposed the introduction of rent controls, while continuing to engage with the Scottish Government on the detail of the framework and its implementation.
The organisation has argued that rent controls can protect some tenants in the short term but do not address the underlying shortage of homes. It has also warned that controls could weaken investment, reduce the number of properties available, and make it harder for people seeking a new tenancy to find a suitable home.
Propertymark has highlighted concerns about the availability of rental properties in rural Scotland and has argued that a supply-led approach is needed to improve affordability and availability.
The organisation has welcomed changes to the legislation, including the decision to set the rent cap at CPI plus 1%, subject to a maximum of 6%, rather than the more restrictive proposals originally considered.
Propertymark continues to argue that the exemptions regime should go further to avoid disproportionately disadvantaging individual landlords and to ensure that the private rented sector continues to attract investment.
The organisation is also calling for consideration of circumstances where landlords have kept rents below market levels or made significant investment in improving their properties.
Propertymark continues to engage with the Scottish Government on the detail of the rent-control framework, including exemptions and the circumstances in which rents may be permitted to increase above the standard cap.
Awaab’s Law
From 6 October 2026, Awaab’s Law will introduce new requirements for private and social landlords in Scotland when dealing with reports of damp and mould.
The requirements are set out in the Investigation and Commencement of Repair (Scotland) Regulations 2026 and will apply to both private and social landlords. The Scottish Government intends to publish its guidance on 1 September.
Landlords will be required to:
- Investigate reports of damp and mould within 10 working days.
- Provide the tenant with a written summary of the investigation findings within 3 working days of completing the investigation.
- Begin any necessary repairs within 5 working days of the investigation taking place.
The Scottish approach differs from the position in England, where Awaab’s Law was initially introduced for the social rented sector. The Renters’ Rights Act 2025 has since provided for Awaab’s Law to be extended to England’s private rented sector, but the detailed requirements and implementation timetable for private landlords have not yet been confirmed.
In Scotland, the new requirements will apply to both private and social landlords from 6 October 2026, meaning Scottish private landlords and letting agents will need to prepare for the new statutory timescales ahead of the October commencement date.
Landlords and letting agents should therefore ensure that they have clear procedures in place for recording reports of damp and mould, arranging investigations, communicating findings to tenants and monitoring repair work against the statutory timescales.
They should also ensure that staff and contractors understand the importance of promptly escalating reports where damp or mould may present a risk to the health or safety of tenants.
How is Propertymark supporting its members to prepare for these changes?
Propertymark has supported stronger protections against poor housing conditions while highlighting the importance of ensuring that the requirements are practical and deliverable for landlords and agents.
The organisation has also produced a Housing (Scotland) Act 2025 Toolkit to help its members understand and prepare for the changes. The toolkit includes guidance, fact sheets, timelines and other resources covering the Act and its implementation.
For landlords and letting agents, the coming months will therefore be an important period of preparation. While some of the reforms introduced by the Housing (Scotland) Act 2025 are still awaiting implementation, Awaab’s Law has a confirmed commencement date of 6 October 2026, while the first local-authority rent-condition assessments are due by 31 May 2027.
Keeping up to date with the implementation timetable will be essential for landlords and agents as Scotland’s private rented sector continues to undergo significant regulatory change.
