The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025. The Scottish Government has introduced the Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026 which schedules the initiation of a number of the provisions of the 2025 Act which will affect Registered Social Landlords (RSLs).
A. The following provision will come into effect on 01 April 2026.
Domestic Abuse
Section 32 of the Housing (Scotland) Act 2010 will be amended. This regulates the ‘Standards and Outcomes’ for RSLs to include the “associated support that social landlords should provide to tenants whom they have reason to believe have experienced, are experiencing or are at risk of domestic abuse.”
“Domestic Abuse” means abusive behaviour within the meaning of Section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021. Behaviour is abusive if a reasonable person would consider the behaviour to be likely to cause an individual to suffer physical or psychological harm. This behaviour can include saying something, intentionally failing to do something and behaviour directed towards the individual through a third party. Abusive behaviour may consist of a single incident or a course of conduct.
B. The following provisions will come into effect on 01 August 2026.
Keeping of Pets
A new provision (Section 31A) will be inserted into the Housing (Scotland) Act 2001 to include in every Scottish Secure Tenancy Agreement a tenant’s right to keep a pet with the written permission of the landlord, which must not be unreasonably withheld. The requirement to seek permission may be removed by the landlord.
The landlord must intimate its consent or refusal, any conditions imposed and, in the case of refusal, the reasons for the refusal, to the tenant in writing within a period of one month beginning with the day on which the application was received. If there is failure to comply with this provision, it will be taken that the landlord has consented to the application.
This provision advises that landlords must also fulfil any other requirements prescribed by Scottish Ministers in future regulations regarding the keeping of pets. If these regulations are forthcoming, we will confirm and provide guidance.
Succession
Two changes come into effect in relation to succession rules.
Firstly, the minimum period of residence of a qualifying person is reduced from 12 months to 6 months. Accordingly, to succeed the tenancy, a qualifying person will require to have used the property as their only or principal home throughout a minimum period of 6 months ending with the tenant’s death.
There remains a requirement for the landlord to be notified that the prospective successor was using the property as their only or principal home prior to the commencement of the period of 6 months ending with the tenant’s death.
Further, a qualifying person who declines the tenancy will now have the right to remain in the property for an increased period of 6 months following the date of notice they provide declining the tenancy.
The above applies where the tenant’s death occurs on or after 1 August 2026.
Notices
Section 40 of The Housing (Scotland) Act 2001 will be amended to include electronic communication of a notice or other document as an appropriate method of service. This applies where the tenant and landlord have agreed in writing that the notice may be given by transmitting it to an electronic address in an electronic form specified by the tenant.
This applies only to notification of an increase in rental charge or any other form of charge payable by the tenant. This does not allow Notices of Proceedings to be effectively served on tenants by electronic communication.
This provision applies where the notices are given on or after 1 August 2026.For more information or advice, please contact our team.
