From 1 August 2026, several housing law changes come into force that will affect Registered Social Landlords (RSLs) across Scotland. These changes are primarily driven by the Housing (Scotland) Act 2025 and the Domestic Abuse (Protection) (Scotland) Act 2021.
Changes under the Housing (Scotland) Act 2025
Shorter qualifying period for succession
The period a qualifying person must have occupied a property as their only or principal home before they can succeed to a Scottish secure tenancy is reduced from 12 months to 6 months. This change is intended to make succession rights more accessible for eligible household members. Further, a qualified person who declines to succeed will now be permitted up to 6 months occupation as opposed to 3 months.
Changes to the service of Rent/Service Charge Increase Notices
Provisions relating to the delivery of rent and service charge increase notices under Scottish secure tenancies also take effect from 1 August 2026. The new provisions permit electronic delivery, provided parties have agreed in writing that the notice may be given to the tenant by transmitting it to an electronic address and in an electronic form. RSLs should ensure their policies and documentation reflect the new requirements.
Domestic Abuse Tenancy Provisions
From 1 August 2026, provisions within the Domestic Abuse (Protection) (Scotland) Act 2021 come into force, giving social landlords a legal mechanism to terminate a perpetrator’s tenancy or interest in a joint tenancy thereby enabling the other joint tenant to remain in the property. The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2025 take effect prescribing a new style Notice of for this new eviction ground.
New Model Tenancy Agreements
The Scottish Government has issued new Model Tenancy Agreements for SSTs and SSSTs created on or after 1 August 2026. These replaces the 2019 version and incorporates the succession, notice and domestic abuse changes taking effect on that date.
RSLs should:
- Adopt the Scottish Government’s 2026 model tenancy agreements for all new tenancies; ensuring any bespoke clauses utilised under existing styles are transferred over to the new 2026 style.
- Ensure policies are updated to reflect these changes.
- Update succession procedures to reflect the new six-month qualifying period.
- Update styles to include the new form of Notice of Proceedings under the Domestic abuse provisions.
For more information or advice, contact our social housing team.
