Cost of living: rent and eviction

Changes to the rent cap and evictions from 1 April 2024

The temporary rent cap and evictions protections brought in by the Cost of Living (Tenant Protection) Act 2022 no longer apply from 1 April 2024.

If you are a tenant worried about what this means for you, you can find out more information here. Further information for landlords is also available below.

Information for tenants

Rent increases 

The  temporary cap on rent increases during tenancies no longer applies from 1 April 2024. This means that any rent increase notice issued after 31 March 2024, is no longer subject to the 3% temporary rent cap.

Rent increase notices served up to and including 31 March 2024

Until 31 March 2024, the rent cap applied to most existing tenancies in the private rented sector. This included:

• Private Residential Tenancies
• applicable assured tenancies and short assured tenancies

In some cases, landlords could increase the rent by up to 6% if they applied to Rent Service Scotland and could show an increase in certain costs associated with letting the property.

Up until the end of 31 March 2024, if your tenancy was covered by the cap, your landlord could not increase your rent by more than 3% of the current rent – or 6% in specific circumstances, even where the increase would not come into force until after that date. 

A landlord can only increase rent once in a 12 month period and for a private residential tenancy must give a tenant at least 3 months’ notice. The applicable notice period for an assured or short assured tenancy will depend on the tenancy type.

If you received notice of a rent increase that you think is above the 3% cap before 1 April 2024, you can contact Rent Service Scotland to check it for you. If the Rent Officer finds that the proposed rent increase is above the cap, they will set a rent increase of the allowed rate only.

To apply to a rent officer you should use the form for a Private Residential Tenancy or assured and short assured tenancies.

If you are a tenant who had already applied to Rent Service Scotland to review your rent increase under the emergency Cost of Living Act – that process will continue, even after 1 April.

Evictions

Eviction notices served before 31 March 2024

The emergency act created the following three temporary eviction grounds to ensure safeguards for landlords in financial hardship or where a tenant was already in substantial rent arrears:

• landlord intends to sell due to significant financial hardship
• landlord intends to live in the property due to financial hardship and
• where there are substantial rent arrears (equivalent of 6 months’ rent)

If your landlord issued an eviction notice on any of these grounds on or before 31 March, they continue to have effect in relation to the notice and any subsequent proceedings or appeals.

Enforcement of evictions

The emergency moratorium (also known as 'temporary pause') on the enforcement of evictions ended after 31 March 2024.

If the Tribunal or Court has issued an eviction order or decree against you, which was paused under the Cost of Living Act measures, your landlord can begin the final steps to evict you from 1 April 2024. 

To enforce an Order, your landlord must instruct a Sheriff Officer and you will be given a notice of the date of removal by a Sheriff Officer, this is normally within 14 days of you receiving the notice.  

Information on evictions can be found in this link which tells you how the Sheriff Officers will carry out their role: Eviction - mygov.scot 

Local Authorities in Scotland have a legal duty to help people who are homeless or at risk of homelessness by providing information and advice on homelessness and preventing homelessness and by offering temporary accommodation. You can find out more information and how to access advice and support here: If you're facing homelessness - mygov.scot  

Any eviction proceedings raised against you under the emergency Cost of Living Act before 1 April, will still proceed.

Unlawful eviction damages

If you made an application for damages due to an unlawful eviction while the emergency measures were in force, the Tribunal and Court will continue to determine any damages awarded on the basis of a multiplication of monthly rent.

Any new applications for unlawful eviction damages from 1 April 2024, will be considered under the rules in place prior to the Cost of Living Act coming into force.

Information for landlords

Rent increase notices served before 1 April 2024

Up until the end of 31 March 2024, there was a temporary cap on rent increases during most private tenancies. The temporary cap was set at 3% or 6% in specific circumstances where a landlord could prove that there was an increase in certain costs. 

Up until the end of 31 March 2024, if the tenancy is covered by the cap, you could not increase the rent by more than 3% of the current rent, even where the increase would not come into force until after that date. For the avoidance of doubt this means that you could not give notice of a rent increase above the rent cap until 1 April 2024.

If you served a rent increase prior to the emergency rent cap coming to an end, and your tenant thinks it was above the cap, they could contact Rent Service Scotland to check it. If the Rent Officer finds that the proposed rent increase is above the cap, they will set a rent increase of the allowed rate only.

Evictions

Any enforcement of an eviction Order paused under the Cost of Living Act can be enforced from 1 April 2024.  

If an eviction order or decree has been issued by the Tribunal or Court, which is paused under the emergency Cost of Living Act measures, this pause ended after the 31 March 2024.

If a pause to the enforcement of your eviction Order was issued under the emergency Act, you can begin the final steps to evict a tenant from the 1 April 2024 even if the order included a specific date after 31 March 2024.  

As a tenant does not receive a copy of the eviction order, you may wish to consider making them aware of the changes that came into effect from 1 April.

Notices to leave and applications for eviction issued while the Cost of Living Act was in force

If you have already served a notice to leave/quit on a tenant under the emergency measures – for example you have to sell due to financial hardship or you need to live in the let property due to financial hardship – you should note that any notices issued and/or applications for eviction made, will continue to proceed to final determination and there is no need to reissue it. 

If an application for eviction that you have made has yet to be decided, it will not be subject to a delay under the Cost of Living Act. No new pause can be made to eviction Orders issued by the First-tier Tribunal for Scotland (Housing and Property Chamber) on or after the 1st April 2024 under the Cost of Living Act.  

Notices of proceedings and summary cause eviction proceedings raised (social sector landlords)

If you have already served a notice of proceedings on a tenant under the emergency measures – for example for antisocial or criminal behaviour– you should note that any notices of proceedings issued and/or applications for eviction made to the court, will remain valid and do not need to be reissued.  

If an application for eviction that you have made to the Court has yet to be decided, it will not be subject to a delay under the Cost of Living Act. No new pause can be made to eviction decrees issued by the Scottish Courts on or after the 1st April 2024 under the Cost of Living Act.