Section 43C Meaning of “relevant rent increase”F1

(1)

In this Part, “relevant rent increase”, in relation to a current tenancy, means—

(a)

an increase in the amount payable in rent under a previous private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the property let (or to be let) under the current tenancy (“a relevant tenancy”),

(b)

a setting of the initial rent under a relevant tenancy (“tenancy A”) if—

(i)

that initial rent is an amount exceeding the final rent under the relevant tenancy that immediately preceded tenancy A (“tenancy B”),

(ii)

tenancy B ended no more than 12 months before the start of tenancy A, and

(iii)

the property let under tenancy A is not an excluded property as mentioned in subsection (2).

(2)

For the purpose of subsection (1), property let under tenancy A is an excluded property if—

(a)

the property was purchased by the landlord under tenancy A with vacant possession, and

(b)

tenancy A was the first private residential tenancy or assured tenancy granted by the landlord since the purchase.

Annotations

Textual amendments

F1: Pt. 4A inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 23(4), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1