Preparing for the Housing (Scotland) Bill 2025: A Guide for Landlords
On 30 September 2025 the Housing (Scotland) Bill passed its final parliamentary stage (Stage 3) and will become law once it receives Royal Assent.
The bill represents a significant shift of the legal landscape for the private rented sector in Scotland. It strengthens tenant protections in multiple ways, especially around affordability (rent controls), security (evictions), and quality (health hazards, personalization).
Below is a summary of some of the key changes:
Rent Control/Rent Regulation
Scottish Ministers will be able to designate Rent Control Areas” (RCAs) where restrictions will apply on how much rent can increase, both during tenancies and in between tenancies. In RCAs, the cap on rent increases will be CPI + 1%, up to a maximum increase of 6%.
Outside RCAs, there will still be limits on frequency of increases and no rent increase will be permitted in the first 12 months of a private residential tenancy, except where regulations allow disapplication in specified circumstances.
Evictions
The First‑Tier Tribunal will require to consider whether it would be reasonable to delay eviction by balancing the circumstances of the tenant and landlord.
Unlawful Eviction
Damages for unlawful eviction have been amended such that the award is to be an amount not less than 3 times and not more than 6 times the relevant sum. The relevant sum is either one month’s rent or £840 (whichever is higher).
Wrongful Termination
Awards for wrongful termination claims have been increased from not exceeding 6 months’ rent to not less than 3 times and not more than 36 times the relevant sum. The relevant sum is either one month’s rent or £840 (whichever is higher).
Tenant Rights: Pets, Alterations
Tenants will have a statutory right to request permission to keep a pet which landlords must not unreasonably refuse. Furthermore, tenants may make certain changes to the property (personalisation) such as decorating, hanging shelves subject to reasonableness.
Joint Tenancies (PRT) and Succession
Currently, the PRT does not permit one joint tenant to terminate the tenancy. New rules will apply permitting one joint tenant to end their involvement, when others joint tenants want to stay. Further, the qualifying period to succeed to a PRT will be reduced from 12 months to 6 months.
Older Tenancies
Scottish Ministers have power to make regulations converting “assured tenancies” into private residential tenancies (PRTs).
Getting Ready for the New Rules
We await supporting regulations to provide more details in terms of many of these new provisions. However, in the meantime, landlords and letting agents can expect to require to undertake the following in preparation for the new provisions:
- Review existing tenancy agreements to anticipate changes: clauses re pets, decorations, joint tenancy termination, rent increases
- Prepare to collect, and keep updated, detailed data on property condition, rent levels, advertising, landlord identity to meet new reporting obligations.
- Draft policies for handling pet requests and personalisation requests, with clear criteria so that refusals may be justified
Looking Ahead
These changes aim to strike a new balance between protecting tenants and ensuring a fair, sustainable rental market. Staying proactive now will make compliance easier when the new rules come into force.
If you’d like tailored advice on how the new Housing (Scotland) Bill could affect your rental portfolio or tenancy management, get in touch with our Private Rented Sector team at TC Young. We can help you prepare for the upcoming changes and stay compliant with confidence.
