Housing (Scotland) Act 2025
2025 asp 13 · Enacted 6 November 2025 · Extends to Scotland
An Act of the Scottish Parliament to make provision about housing, including provision about rent control; evictions and damages for unlawful evictions; residential tenants keeping pets and making changes to let property; unclaimed tenancy deposits; registration of letting agents; ending of joint tenancies; delivery of notices by social landlords; conversion of assured tenancies; homelessness prevention; mobile homes; fuel poverty; the new homes ombudsman; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 30th September 2025 and received Royal Assent on 6th November 2025
Contents
- Part 1: Rent
- Chapter 1: Designation of rent control areas
- Rent conditions: assessments and reports
- 1Periodic assessment of rent conditions
- 2Report to Scottish Ministers following periodic assessment
- 3Interim assessment and reports by local authorities
- Consideration of rent conditions reports
- 4Scottish Ministers to review local authority report
- 5Further assessment of rent conditions and report by local authority
- Ministerial guidance on local authority assessments and reports
- 6Ministerial guidance on assessments of rent conditions
- 7Ministerial guidance on reports following assessments of rent conditions
- Ministers’ decision on whether to designate rent control area
- 8Scottish Ministers’ duty to report
- 9Power to designate rent control area
- 10Designation of rent control area: consultation
- 11Duty to keep rent control area under review
- 12Variation of rent controls in existing rent control area: consultation
- Properties subject to modified restrictions
- 13Properties subject to modified rent control area restrictions
- Power to seek information relating to tenancies
- 14Information that may be sought by local authority or the Scottish Ministers
- 15Information sharing and cooperation between local authorities and the Scottish Ministers
- 16Information holder’s failure to provide information sought Not yet in force
- 17Information holder’s provision of false information Not yet in force
- 18Scottish Ministers’ request for landlord information from local authorities
- Power to require landlords to provide information
- 19Power to require landlords to provide information
- Expiry of rent control area: power to modify law
- 20Power to modify law in connection with the expiry of rent control area
- Scottish Ministers: information and research
- 21Scottish Ministers: information and research
- Chapter 2: Rent control areas: modifications of the 2016 Act
- Information about rent to be included in advertisements
- 22Prospective landlords’ duty to include information about rent in advertisements
- Setting and variation of rent
- 23Setting and variation of rent
- Chapter 3: Other restrictions on rent increases Not yet in force
- Frequency of rent increases Not yet in force
- 24Private residential tenancies not in rent control area: frequency of rent increase Not yet in force
- Capping of rent increases on referral or appeal Not yet in force
- 25Private residential tenancies: capping of rent increase Not yet in force
- 26Assured tenancies: capping of rent increase Not yet in force
- Chapter 4: Review of the operation of Part 1 of the Act
- 27Review of the operation of Part 1 of the Act
- Part 2: Dealing with evictions
- Evictions: duties to consider delay Not yet in force
- 28Private residential tenancies: duty to consider delay to eviction Not yet in force
- 29Scottish secure tenancies etc.: duty to consider delay to eviction Not yet in force
- 30Assured tenancies: duty to consider delay to eviction Not yet in force
- 31Protected tenancies and statutory tenancies: duty to consider delay to eviction Not yet in force
- Damages for unlawful eviction Not yet in force
- 32Unlawful eviction: notification and damages Not yet in force
- Eviction grounds
- 33Review of eviction grounds
- Payments for wrongful termination
- 34Payments for wrongful termination
- Part 3: Keeping pets and making changes to let property
- 35Private residential tenancies: keeping pets and making changes to let property
- 36Scottish secure tenancies etc.: keeping pets
- Part 4: Other matters relating to tenants
- Unclaimed tenancy deposits Not yet in force
- 37Use of unclaimed tenancy deposits Not yet in force
- Registration of letting agents etc.
- 38Applications for registration
- 39Duty to inform: change of circumstances
- 40Revocation of registration: where agent no longer exists
- 41Removal from register on application: notification of agent
- 42Note on register where entry refused or removed: duration
- 43Power to obtain information and carry out inspections
- Ending joint tenancies
- 44Private residential tenancies: ending a joint tenancy
- Ending student tenancies
- 45Student residential tenancies: power to enable tenant to bring tenancy to an end
- Social landlords: qualifying repairs
- 46Social landlords: qualifying repairs
- Tolerable standard: damp
- 47Tolerable standard: damp
- Succession to tenancies: qualifying periods
- 48Private residential tenancies: succession
- 49Scottish secure tenancies: succession
- Delivery of notices etc.
- 50Social landlords: delivery of notices etc.
- Converting older tenancies Not yet in force
- 51Assured tenancies: power to convert Not yet in force
- Part 5: Homelessness prevention
- Duties of relevant bodies
- 52Duties of relevant bodies in relation to homelessness
- Homeless persons: intentionality
- 53Power to modify provision about a person becoming homeless intentionally
- Assessment of housing support services Not yet in force
- 54Assessment of housing support services Not yet in force
- Tenants affected by domestic abuse
- 55Local authorities etc.: consideration of domestic abuse Not yet in force
- 56Social landlords: pre-action requirement where domestic abuse is a factor in rent arrears Not yet in force
- 57Social landlords: policies about supporting tenants affected by domestic abuse Not yet in force
- 58Scottish Social Housing Charter: supporting tenants affected by domestic abuse
- Housing First Not yet in force
- 59Annual report on Housing First Not yet in force
- Part 6: Other housing matters
- Mobile homes
- 60Mobile homes: jurisdiction of the First-tier Tribunal for Scotland Not yet in force
- 61New pitch fees: considerations
- 62Meaning of “protected site”
- Decisions of the Scottish Housing Regulator: reviews and appeals Not yet in force
- 63Decisions of the Scottish Housing Regulator: reviews and appeals Not yet in force
- Property factors
- 64Registration: fit and proper person considerations
- 65Revocation of registration: where property factor no longer exists
- 66Removal from register following application
- 67Note on register where refusal or removal
- 68Property factor registered numbers: inclusion in communications
- 69Monitoring of compliance
- Managers of related properties
- 70Power for majority of owners to dismiss and appoint manager
- Fuel poverty
- 71Fuel poverty strategy: consultation
- 72Periodic reports: periods, consultation and publication etc.
- 73Advisory panel: removal of funding cap
- New homes ombudsman Not yet in force
- 74Disclosure of information to new homes ombudsman Not yet in force
- Council tax
- 75Variation of council tax for unoccupied dwellings
- 76Review of council tax arrears: joint and several liability
- 77Review of classification of properties
- Housing revenue accounts
- 78Transfer of funds into housing revenue account
- Housing emergency
- 79Power to make provision about the declaration of a national housing emergency Not yet in force
- 80Guidance for local authorities about a local housing emergency
- Part 7: Impact Assessment
- 81Rural impact assessment
- Part 8: Final provisions
- 82Regulations
- 83Ancillary provision
- 84Interpretation
- 85Minor and consequential modifications
- 86Commencement
- 87Short title
- Schedule: Minor and consequential modifications of enactments
- 1Rent (Scotland) Act 1984
- 2Housing (Scotland) Act 1988 Not yet in force
- 3Housing (Scotland) Act 2001
- 4Housing (Scotland) Act 2006
- 5Property Factors (Scotland) Act 2011
- 6Housing (Scotland) Act 2014
- 7Private Housing (Tenancies) (Scotland) Act 2016