Following on from our last blog around the rent control aspects of the Housing (Scotland) Act 2025, this blog focusses on the other main aspects of the Act that potentially impact the private rented sector in Scotland. As mentioned previously, whilst the Act has received Royal Assent, only part 8 is currently in force which largely provides for further regulations. A copy of the Act can be found here.

Evictions

Tribunals will require to consider whether it is reasonable to delay when an eviction order or order for possession can be enforced. The factors that a tribunal will have to consider are whether or not delaying would:

  • Cause a tenant or a member of their household to experience financial hardship;
  • Have a detrimental effect on the health of the tenant or a member of their household;
  • Have another detrimental effect on the tenant or member of their household due to disability or terminal illness;
  • Cause the landlord to experience financial hardship;
  • Have a detrimental effect on the health of the landlord; or
  • Have another detrimental effect on the landlord due to the landlord having a disability or terminal illness.

In addition, the tribunal has to consider whether there are any seasonal factors that would contribute to such financial hardship or detrimental effect.

Some grounds are to be exempt, being:

For PRTs

  • The tenant is not occupying as their only or principal home (Ground 10);
  • The tenant has a relevant conviction (Ground 13); and
  • That the tenant has engaged in relevant anti-social behaviour (Ground 14).

For Assured/Short Assured Tenancies

  • The tenant (or someone residing with them or visiting them) has been convicted of a relevant offence or engaged in anti-social behaviour (Ground 15).

For Regulated Tenancies

  • Where the tenant or any person residing or lodging with them or any sub-tenant of them has been guilty of conduct, which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes (Case 2)

This is in addition to the existing power for the tribunal to consider delay under Rule 16A of the tribunal’s rules of procedure.

Unlawful Eviction

The rules regarding the assessment of damages for unlawful eviction are to change and are to be awarded based on a 3 to 36 multiplier of the higher of either a months’ rent or what is called the “relevant sum” (set at £840) depending on the manner of the unlawful eviction and the impact it has had on the former residential occupier.

Damages can be less than three months where the tribunal considers it appropriate in all the circumstances of the case.

Wrongful Termination Orders

The level of the penalty to be awarded for misuse of eviction grounds for PRTs are to change to also be based on a 3 to 36 multiplier of the higher of either a months’ rent or what is called the “relevant sum” depending on the manner of the wrongful termination and the impact on the person who makes the application.

The award can also be less than 3 months where the tribunal considers it appropriate in all the circumstances of the case.

Pets

Tenants in PRTs are to be allowed to keep pets in a property with the landlord’s consent which consent cannot be reasonably withheld. The Act also provides a route for tenants to request consent from landlords and to appeal against a refusal of consent or any conditions imposed by the landlord.

The definition of pet means any animal (exclusion dangerous wild animals), which is kept for:

  1. Personal interest;
  2. Companionship;
  3. Ornamental purposes; or
  4. Or any combination of these.

The process for seeking consent (and appealing) is as follows:

  • Requests need to be in writing.
  • A landlord has 30 days to respond (a failure to respond within that period is a deemed refusal).
  • The landlord should respond in writing to consent (with or without conditions) or refuse.
  • If there is a refusal or conditions imposed, reasons must be given.
  • If the tenant wants to appeal to the tribunal, they must notify the landlord in writing within 42 days of the refusal (or date of deemed refusal) or consent with conditions of their intention to do so (and what they are appealing against).
  • There is a further 42 day period for them to lodge the appeal with the tribunal.
  • The tribunal can dismiss the appeal or allow it and issue a consent order to allow the changes requested or to remove any condition(s).
  • There are further provisions that allow the SG to issue regulations in the future to set out when it may or may not be reasonable to refuse consent or impose conditions.

Making Changes to Let Property

Again, this only applies to PRTs. The Act provides for 2 categories of changes, being:

  • Category 1 – these do not need consent. Further regulations will be produced to detail what these may be. The consultation proceeding the Act gave some suggested possible examples like putting pictures or posters on the wall.
  • Category 2 – these would need consent of the landlord (not to be unreasonably refused) but could not be requested until after 6 months from the start of the tenancy. Again, it is suggested during the consultation that examples will be set out in future regulations, but looking at the consultation again, what is given by way of possible example is painting walls a different colour.

The costs of making any changes are to be met by the tenant unless the landlord agrees otherwise.

Seeking Consent

The process is the same as for consent for pets detailed above.

Ending Joint Tenancies (PRTs)

This is a provision that allows joint tenants in PRTs to end a tenancy even where the other tenant(s) do not or will not agree. This is an issue that has been identified with PRTs since they started.

What the Act provides for is that one or more of the joint tenants will be able to end a joint PRT even if the other joint tenants do not agree. The way they can do that is by giving pre-notice to the other joint tenants before giving a Notice to Leave (NTL) to the landlord.

Any such pre-notice and NTL will only be effective if:

  • The pre-notice is given to all other joint tenants and copied to the landlord;
  • The pre-notice is in writing and states that the joint tenant intends to end the tenancy by giving NTL to the landlord;
  • The pre-notice fulfils any other prescribed requirements;
  • The pre-notice gives at least two months’ notice but no more than three months’ notice before the NTL is given to the landlord;
  • The NTL given to the landlord provides for at least 28 days’ notice and is accompanied by a statement that a pre-notice has been given to all other joint tenants; and
  • Within seven days of giving the NTL to the landlord, the joint tenant seeking to end the PRT has given the other joint tenants a copy of the NTL and given the landlord a statement confirming that they have done so.

If the tenant seeking to end the PRT does that, then notwithstanding the other tenants do not agree, the PRT will end on expiry of that NTL and all tenants right to occupy the property will come to an end.

There are 2 situations where that will not be the case, and these are where before the expiry of the NTL (not the pre-notice):

  • All joint tenants request the lease continues and the landlord agrees; or
  • The outgoing tenant assigns their interest in the tenancy to someone else (with the landlord’s consent).

Standards of Repair (Awaab’s Law)

The Act will modify the Tolerable Standard to provide for new guidance around the existing obligation on landlords to ensure that a property is substantially free from rising or penetrating damp.

Succession Rights (PRTs)

The occupancy requirement for tenant’s partners or family members to be entitled to inherit a PRT are to be reduced from 12 months to 6 months prior to the date of the tenant’s death. Other conditions, such as the tenant’s interest not already being an inherited one, and the requirement for written notification of their occupation as their only or principal home, will remain unchanged.

Final Comments

As mentioned at the start of this blog, there are large parts of the Act that do not directly affect the PRS such as those relating to local authorities and homelessness. Indeed, there is to be an extension of the First-tier Tribunal’s jurisdiction to include mobile homes sites and changes around the rules for Property Factors to bring them more in line with those applicable to letting agents. Further, there are still a number of consultations to take place before much of what the Act provides for be in force, so there is plenty more to come.

If you require any further information or advice, please contact us or watch our blogs for further updates.

In association with

Tweet
Share
Pin
Share