Housing (Scotland) Act 2025: Key provisions coming into force

The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025, bringing significant changes to Scotland’s housing system by strengthening tenants’ rights, introducing new rent control measures and expanding homelessness prevention duties. 

The commencement regulations bring various provisions of the Act into force in four phases, 1 April 2026, 1 August 2026, 6 October 2026, and 1 April 2027. 

Implementation timeline 

The Housing (Scotland) Act 2025 is being introduced in four phases: 

1 April 2026 (now in force) 

• Rent control framework duties begin (local authority rent assessments and data gathering powers) 

• Enabling powers for tenant requests (pets and property alterations) commence 

• Preparatory housing and regulatory measures come into force 

1 August 2026 

• Further technical and preparatory provisions commence 

• No major landlord or tenant-facing operational changes confirmed at this stage 

6 October 2026 

• Increased compensation for wrongful termination of tenancies comes into force 

• Succession qualifying period reduced from 12 months to six months 

• Additional tenant protection measures take effect 

1 April 2027 

• Joint tenancy termination reforms come into force 

• Rent adjudication changes introduced (tribunal cannot exceed landlord’s proposed rent) 

• Rent challenge period extended to 30 days 

• Final phase of tenancy and regulatory reforms implemented 

Reforms in effect since 1 April 2026  

Rent control measures  

Rent control provisions are now in effect in Scotland, requiring local authorities to assess rent conditions within their areas and submit reports to Scottish Ministers at least once every five years. These reports must include recommendations on whether rent control measures are needed in specific locations. The first report from each local authority must be submitted no later than 31 May 2027.  

The legislation also grants powers to local authorities and Scottish Ministers to request information from landlords regarding properties and tenancies. Scottish Ministers may designate areas as rent control areas where this is considered necessary and proportionate. 

Once designated, rent increases and the advertising of rental properties within those areas will be subject to regulation. 

Changes are also made to rent adjudication processes so that, where a rent increase is referred to a rent officer or the First-tier Tribunal, the rent set cannot exceed the amount originally proposed by the landlord. 

A further requirement is introduced for Scottish Ministers to review the operation of the rent control framework every five years. 

How the rent cap will work 

Under the Housing (Scotland) Act 2025, Scottish Ministers may designate specific locations as rent control areas (RCAs) where rent controls are considered necessary and proportionate. 

Within a designated rent control area (RCA), annual rent increases are expected to be capped at CPI plus one percent, up to a maximum increase of six percent. However, these limits will apply only where Scottish Ministers formally designate an area for rent control and the detailed operation of the framework remains subject to secondary legislation and further guidance. 

The cap applies both during a tenancy and between tenancies, to prevent rents rising when a new tenancy begins.  

The legislation also prevents landlords from resetting rents between lets in certain circumstances. Where a property has been let to a tenant by the same landlord within the previous 12 months, the cap will continue to apply when the property is re-let. 

This represents a significant shift from previous rent regulation measures and is designed to prevent excessive rent inflation within designated areas. 

Exemptions and future regulations 

Certain categories of housing are exempt from the rent control framework. 

The Scottish Government has confirmed exemptions for build-to-rent developments and mid-market rental properties. 

There is also provision for modified controls where landlords have carried out improvement works to a property. These properties may instead follow the standard rules that apply outside rent control areas. 

Further regulations and guidance are expected throughout 2026 to provide more detail on how exemptions, calculations and operational rules will work in practice. 

From 6 October 2026 

Eviction and wrongful termination  

Scottish Ministers must review eviction grounds within two years of Royal Assent. 

If a landlord misleads either a tenant or the First-tier Tribunal in order to end a tenancy, the former tenant may apply to the Tribunal for compensation. 

From 6 October 2026, the level of compensation available in wrongful termination cases will increase significantly. The Tribunal will be able to award compensation of between three and 36 times the monthly rent. Where the monthly rent is low, a minimum figure of £840 will be used instead if the actual monthly rent would otherwise be less than that amount. 

These changes are intended to strengthen tenant protections and discourage misuse of eviction grounds. 

Succession rights for both private residential tenancies and Scottish secure tenancies have also been strengthened, with the qualifying period reduced from 12 months to 6 months. 

From 1 April 2027 

Rent adjudication 

If a landlord proposes a rent increase and the tenant challenges it through the formal tribunal/rent officer process: 

• The tribunal/rent officer cannot set the rent higher than the amount the landlord originally asked for.  

• Tenants will also have 30 days to challenge the proposed increase. 

These changes are expected to remove the current risk that a tenant appealing could end up with an even higher rent. 

Ending joint tenancies 

A single joint tenant will be able to end their own interest in the tenancy without needing agreement from: 

• the other joint tenants, or  

• the landlord 

The departing tenant must provide two months’ notice to all other joint tenants and the landlord. After that period, they can serve the standard 28 days’ notice on the landlord. 

This reform is expected to encourage tenants to come to a mutual understanding regarding their joint tenancy and give the remaining tenants time to find a replacement tenant or alternative accommodation. 

Measures still awaiting commencement dates  

These measures await specific commencement dates to allow for the development of operational guidelines and to make sure public services have the capacity to manage new referral pathways.   

Homelessness provisions 

The homelessness provisions within the Housing (Scotland) Act 2025 introduce a more proactive approach to preventing homelessness before it reaches crisis point. Public bodies will eventually have an “ask and act” duty, requiring them to ask about a person’s housing circumstances and take action where there is a risk of homelessness. 

The reforms are intended to encourage earlier intervention and improved coordination between housing, health and support services to identify individuals at risk of losing their home at an earlier stage. 

The Act also formally recognises domestic abuse support services within the Scottish Social Housing Charter, strengthening support for survivors within the housing system. 

Pet requests 

Under the Housing (Scotland) Act 2025, tenants will gain a formal right to request permission to keep pets in rented properties. 

Landlords must: 

• consider requests reasonably (blanket refusals may be vulnerable to challenge if considered unreasonable) 

• respond within around 30 days  

• provide a valid reason if they refuse 

Tenants can challenge refusals at the First-tier Tribunal if they believe the decision is unreasonable. 

The aim is to make pet ownership more achievable in the private rented sector while still allowing refusals where there are genuine issues (such as property suitability or insurance conditions).  

Next steps 

The Housing (Scotland) Act 2025 represents one of the most substantial reforms to Scotland’s housing legislation in recent years. With phased implementation continuing through to April 2027, landlords, letting agents, housing providers and tenants should continue monitoring further regulations and guidance as the new framework develops.