The Cost of Living (Tenant Protection) (Scotland) Act 2022: report -1 October to 31 December 2023

2. Status and operation of provisions

Up to 31 December 2023

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 – set at 3% since 1 April 2023 in relation to in-tenancy rent increases. The provisions also allow for consideration of private landlords’ ‘prescribed property costs’ as defined by the Act (associated with the rented property).

Operation of the provision in the reporting period:

In operation See supplementary information provided at 6.1 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: Introduced a temporary, variable rent cap in the social rented sector – initially set at 0% in relation to in-tenancy rent increases for tenancies under Housing (Scotland) Act 2001.

Operation of the provision in the reporting period

Expired

Status at the end of the reporting period:

Expired. The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023 expired the rent cap provisions that applied to the social rented sector from 26 February 2023.

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

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

Operation of the provision in the reporting period

Suspended

Status at the end of the reporting period:

Suspended. The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023 suspended the rent cap provisions that applied to Purpose Built Student Accommodation from 30 March 2023.

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 6.2 for further information.

Status at the end of the reporting period:

Commenced and still in force.