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Housing (Scotland) Act 2025

2025 asp 13 · Enacted 6 November 2025 · Extends to Scotland

Not fully up to date. 15 changes made by later legislation have not yet been written into this text, which is revised to 6 October 2026.

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ProvisionChangeMade by
s. 25coming into forceHousing (Scotland) Act 2025 (Commencement No. 3) 2026 reg. 2(4)(5) sch. Pt. 4
s. 26coming into forceHousing (Scotland) Act 2025 (Commencement No. 3) 2026 reg. 2(4)(5) sch. Pt. 4
s. 44(1)(3)coming into forceHousing (Scotland) Act 2025 (Commencement No. 3) 2026 reg. 2(4)(5) sch. Pt. 4
s. 44(2)(4)coming into forceHousing (Scotland) Act 2025 (Commencement No. 3) 2026 reg. 2(4)(5) sch. Pt. 4
s. 85coming into forceHousing (Scotland) Act 2025 (Commencement No. 3) 2026 reg. 2(4)(5) sch. Pt. 4
sch. para. 2coming into forceHousing (Scotland) Act 2025 (Commencement No. 3) 2026 reg. 2(4)(5) sch. Pt. 4
sch. para. 7(2)(b)coming into forceHousing (Scotland) Act 2025 (Commencement No. 3) 2026 reg. 2(4)(5) sch. Pt. 4
s. 16coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(2) sch. Pt. 2
s. 74coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(1) sch. Pt. 1
s. 17coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(2) sch. Pt. 2
s. 32coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(2) sch. Pt. 2
s. 54coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(3) sch. Pt. 3
s. 55coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(3) sch. Pt. 3
s. 59coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(2) sch. Pt. 2
s. 61(2)coming into forceHousing (Scotland) Act 2025 (Commencement No. 4) 2026 reg. 2(1)(4) sch. Pt. 1

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

  1. Part 1: Rent
  2. Chapter 1: Designation of rent control areas
  3. Rent conditions: assessments and reports
  4. 1Periodic assessment of rent conditions
  5. 2Report to Scottish Ministers following periodic assessment
  6. 3Interim assessment and reports by local authorities
  7. Consideration of rent conditions reports
  8. 4Scottish Ministers to review local authority report
  9. 5Further assessment of rent conditions and report by local authority
  10. Ministerial guidance on local authority assessments and reports
  11. 6Ministerial guidance on assessments of rent conditions
  12. 7Ministerial guidance on reports following assessments of rent conditions
  13. Ministers’ decision on whether to designate rent control area
  14. 8Scottish Ministers’ duty to report
  15. 9Power to designate rent control area
  16. 10Designation of rent control area: consultation
  17. 11Duty to keep rent control area under review
  18. 12Variation of rent controls in existing rent control area: consultation
  19. Properties subject to modified restrictions
  20. 13Properties subject to modified rent control area restrictions
  21. Power to seek information relating to tenancies
  22. 14Information that may be sought by local authority or the Scottish Ministers
  23. 15Information sharing and cooperation between local authorities and the Scottish Ministers
  24. 16Information holder’s failure to provide information sought Not yet in force
  25. 17Information holder’s provision of false information Not yet in force
  26. 18Scottish Ministers’ request for landlord information from local authorities
  27. Power to require landlords to provide information
  28. 19Power to require landlords to provide information
  29. Expiry of rent control area: power to modify law
  30. 20Power to modify law in connection with the expiry of rent control area
  31. Scottish Ministers: information and research
  32. 21Scottish Ministers: information and research
  33. Chapter 2: Rent control areas: modifications of the 2016 Act
  34. Information about rent to be included in advertisements
  35. 22Prospective landlords’ duty to include information about rent in advertisements
  36. Setting and variation of rent
  37. 23Setting and variation of rent
  38. Chapter 3: Other restrictions on rent increases Not yet in force
  39. Frequency of rent increases Not yet in force
  40. 24Private residential tenancies not in rent control area: frequency of rent increase Not yet in force
  41. Capping of rent increases on referral or appeal Not yet in force
  42. 25Private residential tenancies: capping of rent increase Not yet in force
  43. 26Assured tenancies: capping of rent increase Not yet in force
  44. Chapter 4: Review of the operation of Part 1 of the Act
  45. 27Review of the operation of Part 1 of the Act
  46. Part 2: Dealing with evictions
  47. Evictions: duties to consider delay Not yet in force
  48. 28Private residential tenancies: duty to consider delay to eviction Not yet in force
  49. 29Scottish secure tenancies etc.: duty to consider delay to eviction Not yet in force
  50. 30Assured tenancies: duty to consider delay to eviction Not yet in force
  51. 31Protected tenancies and statutory tenancies: duty to consider delay to eviction Not yet in force
  52. Damages for unlawful eviction Not yet in force
  53. 32Unlawful eviction: notification and damages Not yet in force
  54. Eviction grounds
  55. 33Review of eviction grounds
  56. Payments for wrongful termination
  57. 34Payments for wrongful termination
  58. Part 3: Keeping pets and making changes to let property
  59. 35Private residential tenancies: keeping pets and making changes to let property
  60. 36Scottish secure tenancies etc.: keeping pets
  61. Part 4: Other matters relating to tenants
  62. Unclaimed tenancy deposits Not yet in force
  63. 37Use of unclaimed tenancy deposits Not yet in force
  64. Registration of letting agents etc.
  65. 38Applications for registration
  66. 39Duty to inform: change of circumstances
  67. 40Revocation of registration: where agent no longer exists
  68. 41Removal from register on application: notification of agent
  69. 42Note on register where entry refused or removed: duration
  70. 43Power to obtain information and carry out inspections
  71. Ending joint tenancies
  72. 44Private residential tenancies: ending a joint tenancy
  73. Ending student tenancies
  74. 45Student residential tenancies: power to enable tenant to bring tenancy to an end
  75. Social landlords: qualifying repairs
  76. 46Social landlords: qualifying repairs
  77. Tolerable standard: damp
  78. 47Tolerable standard: damp
  79. Succession to tenancies: qualifying periods
  80. 48Private residential tenancies: succession
  81. 49Scottish secure tenancies: succession
  82. Delivery of notices etc.
  83. 50Social landlords: delivery of notices etc.
  84. Converting older tenancies Not yet in force
  85. 51Assured tenancies: power to convert Not yet in force
  86. Part 5: Homelessness prevention
  87. Duties of relevant bodies
  88. 52Duties of relevant bodies in relation to homelessness
  89. Homeless persons: intentionality
  90. 53Power to modify provision about a person becoming homeless intentionally
  91. Assessment of housing support services Not yet in force
  92. 54Assessment of housing support services Not yet in force
  93. Tenants affected by domestic abuse
  94. 55Local authorities etc.: consideration of domestic abuse Not yet in force
  95. 56Social landlords: pre-action requirement where domestic abuse is a factor in rent arrears Not yet in force
  96. 57Social landlords: policies about supporting tenants affected by domestic abuse Not yet in force
  97. 58Scottish Social Housing Charter: supporting tenants affected by domestic abuse
  98. Housing First Not yet in force
  99. 59Annual report on Housing First Not yet in force
  100. Part 6: Other housing matters
  101. Mobile homes
  102. 60Mobile homes: jurisdiction of the First-tier Tribunal for Scotland Not yet in force
  103. 61New pitch fees: considerations
  104. 62Meaning of “protected site”
  105. Decisions of the Scottish Housing Regulator: reviews and appeals Not yet in force
  106. 63Decisions of the Scottish Housing Regulator: reviews and appeals Not yet in force
  107. Property factors
  108. 64Registration: fit and proper person considerations
  109. 65Revocation of registration: where property factor no longer exists
  110. 66Removal from register following application
  111. 67Note on register where refusal or removal
  112. 68Property factor registered numbers: inclusion in communications
  113. 69Monitoring of compliance
  114. Managers of related properties
  115. 70Power for majority of owners to dismiss and appoint manager
  116. Fuel poverty
  117. 71Fuel poverty strategy: consultation
  118. 72Periodic reports: periods, consultation and publication etc.
  119. 73Advisory panel: removal of funding cap
  120. New homes ombudsman Not yet in force
  121. 74Disclosure of information to new homes ombudsman Not yet in force
  122. Council tax
  123. 75Variation of council tax for unoccupied dwellings
  124. 76Review of council tax arrears: joint and several liability
  125. 77Review of classification of properties
  126. Housing revenue accounts
  127. 78Transfer of funds into housing revenue account
  128. Housing emergency
  129. 79Power to make provision about the declaration of a national housing emergency Not yet in force
  130. 80Guidance for local authorities about a local housing emergency
  131. Part 7: Impact Assessment
  132. 81Rural impact assessment
  133. Part 8: Final provisions
  134. 82Regulations
  135. 83Ancillary provision
  136. 84Interpretation
  137. 85Minor and consequential modifications
  138. 86Commencement
  139. 87Short title
  140. Schedule: Minor and consequential modifications of enactments
  141. 1Rent (Scotland) Act 1984
  142. 2Housing (Scotland) Act 1988 Not yet in force
  143. 3Housing (Scotland) Act 2001
  144. 4Housing (Scotland) Act 2006
  145. 5Property Factors (Scotland) Act 2011
  146. 6Housing (Scotland) Act 2014
  147. 7Private Housing (Tenancies) (Scotland) Act 2016