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Rent Cap To Remain On Private Properties

Renters could benefit from improved standards in homes as consultation launched

MSPs have announced that the rent cap and restrictions on evictions will remain in place for private properties as part of the renewed Cost of Living (Tenant Protection) Act.

MSPs approved measures to prevent private landlords from increasing rent on their properties by more than 3% and agreed to extend restrictions on evicting tenants except for in certain circumstances. The changes to the Act means that from Saturday, 1st of April 2023:

  • If a private landlord chooses to increase a tenant’s rent mid-tenancy, the increase will be capped at 3%
  • Private landlords will alternatively be able to apply for a rent increase of up to 6% to help cover certain increases in costs in defined and limited circumstances
  • Enforcement of evictions will continue to be paused for up to six months except in a number of specified circumstances
  • Increased damages for unlawful evictions of up to 36 months’ worth of rent will continue to apply

These measures will remain in place until Saturday, 30th of September, with the option to extend them for a further six months if necessary.

Tenants’ Rights Minister, Patrick Harvie, said: “Our emergency legislation has given tenants across the rented sector additional protection as we continue to live through these challenging and uncertain economic times.

“It is clear that many households in the private rented sector in particular continue to struggle, which is why we are capping in-tenancy rent increases in the private sector at 3% from next month, with safeguards in place recognising the effects the cost of living crisis may have on some landlords. Our restrictions on evictions will continue across all sectors, with the social sector rent cap having been replaced with voluntary agreements from landlords to keep rents affordable.

“We will continue to keep these measures under review, ensuring they remain necessary and proportionate to the challenges at hand.”

The social sector rent freeze has been replaced with an agreement from landlords to keep rent increases well below inflation for 2023/24. The rent cap for student accommodation is set to be suspended due to its limited impact on annual rent costs during the academic year.

For further information on the Cost of Living (Tenant Protection) Act, visit https://www.gov.scot/news/scottish-parliament-approves-3-percent-rent-cap/

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