Private Rented Sector Update: The Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026
The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025. The Scottish Government has now made the Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026, bringing a major tranche of the 2025 Act into force and setting the timetable for the rollout of Scotland’s new rent control regime and enhanced tenant rights.
These Regulations designate three appointed days relevant to the private rented sector:
- 1 April 2026
- 6 October 2026
- 1 April 2027
Below is a breakdown of what each commencement date activates:
1. Provisions Coming into Force on 1 April 2026
- Rent Control Framework – Sections 1 – 21 bring in the rent control framework for local authorities and Scottish Ministers to designate rent control areas. Essentially, the entire governance structure for rent control will go live, albeit rent control areas (if any) will be some time after local authorities submit their first rent condition assessments due by 31 May 2027.
- Private residential tenancies (pets and alterations)- section 35 – commenced only for regulation‑making purposes.
- Ending Joint tenancy – commenced only for regulation‑making purposes.
2. Provisions Coming into Force on 6 October 2026
- Increase in award for wrongful termination claims – applies where a private residential tenancy has been brought to an end on or after 6 October 2026.
- Private residential tenancies: succession qualifying period reduced from 12 months to 6 months – applies where the tenant’s death occurs on or after 6 October 2026.
3. Provisions Coming into Force on 1 April 2027
- PRT and Assured tenancy rent increases referred or appealed – Applies to rent increase notices given on/after 1 April 2027 and referred/appealed to the rent officer/FTT. Previously, the Rent Officer/FTT could increase the rent to the market level; the new provisions mean rent cannot be set higher than the one the landlord asked for.
- Ending a joint tenancy – the full provisions take effect permitting a single joint tenant to end the tenancy.
The Commencement No. 3 Regulations represent the most significant step yet for the Housing (Scotland) Act 2025. It is hoped a phased roll out ensures landlords and tenants have time to adapt to what is the most extensive modernisation of Scotland’s housing law in decades. More regulations are anticipated which should further clarify what is to come.
If you would like to discuss how the new regulations may affect you as a landlord, letting agent, or tenant, get in touch with TC Young’s Private Rented Sector team for advice and support.
