Cost of Living (Tenant Protection) (Scotland) Act 2022: first report to the Scottish Parliament

First report to the Scottish Parliament on the Cost of Living (Tenant) Protection (Scotland) Act 2022, covering the period 28 October to 31 December 2022 as required by section 9(1)(a).


2. Status and operation of provisions

Up to 31 December 2022

Provision: Paras 1&2, Part 1, Schedule 1: Rent cap for residential tenancies (private residential tenancies; and applicable assured and short assured tenancies)

Description: Introduces a temporary, variable rent cap in the private rented sector – initially set at 0% until 31 March 2023 in relation to in-tenancy rent increases. The provisions also allow for consideration of private landlords' prescribed property costs (associated with the rented property).

Operation of the provision in the reporting period:

In operation See supplementary information provided at 5.1 for further information.

Status at the end of the reporting period:

Commenced and still in force

Provision: Para 3, Part 1, Schedule 1: Rent cap for social tenancies (Scottish secure and short Scottish secure tenancies)

Description: Introduces a temporary, variable rent cap in the social rented sector – initially set at 0% until 31 March 2023 in relation to in-tenancy rent increases for tenancies under Housing (Scotland) Act 2001.

Operation of the provision in the reporting period

In operation See supplementary information provided at 5.2 for further information.

Status at the end of the reporting period

Commenced and still in force (but see Section 6 for approach from 1 March 2023)

Provision: Para 4, Part 1, Schedule 1: Rent cap for student residential tenancies

Description: Introduces a temporary, variable rent cap in relation to college and university rented accommodation and Purpose Built Student Accommodation (PBSA) – initially set at 0% until 31 March 2023 in relation to in-tenancy rent increases.

Operation of the provision in the reporting period

In operation See supplementary information provided at 5.3 for further information.

Status at the end of the reporting period

Commenced and still in force

Provision: Part 1, Schedule 2: Protection against eviction from residential properties

Description: The provisions prevent the enforcement of eviction action in the private rented, social rented and student accommodation sectors from 6 September 2022 but with relevant exemptions in relation to specified circumstances.

Operation of the provision in the reporting period

In operation See supplementary information provided at 5.4 for further information.

Status at the end of the reporting period

Commenced and still in force

Contact

Email: housing.legislation@gov.scot

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