Over the past eight years, the private rented sector in Scotland has experienced an unprecedented level of legal reform, representing perhaps the most intensive period of regulatory change in a generation. This trend continues with the introduction of the Housing (Scotland) Act 2025 which received Royal Assent on 6 November 2025.
While Royal Assent has been granted, this does not automatically bring all provisions into force rather it empowers Scottish Ministers to make detailed secondary legislation. It is at that point the full impact of the Act will become clear, providing landlords and letting agents with the operational clarity they require to prepare effectively.
We previously blogged about the 2025 Act’s proposals here Housing (Scotland) Bill 2025: Key Changes for Landlords & Tenants in the Private Rented Sector. However, much depends on regulations yet to be published.
To date, only one regulation under the 2025 Act has been made; the Housing (Scotland) Act 2025 (Commencement No 1) Regulations 2025 which was laid on 20 November 2025 and comes into effect on 5 December 2025. That Regulation appoints 6 December 2025 as the day on which two provisions of the 2025 Act become operative, namely sections 46 and 47 which enables Scottish Ministers to prepare regulations around damp/mould and update the tolerable standard guidance in that regard.
Meanwhile, the Regulations also schedule 7 January 2026 as the date for commencement (in part) of provisions allowing Scottish Ministers to define “exempt properties” for the new rent control regime. Mid-market rent properties and build to rent developments are understood to be under consideration for exemption.
These Regulations are the starting point for implementation of the 2025 Act, and although limited in scope they mark the transition to the broader reforms envisaged for rent controls and tenancy law.
Please keep an eye on our blog for updates as further regulations are published.
