PART 4Rent

CHAPTER 2Rent variation instigated by landlord’s notice

Process by which rent may be varied

22Landlord’s power to increase rent

1

The landlord under a private residential tenancy may increase the rent payable under the tenancy by giving the tenant a notice in accordance with this section (“a rent-increase notice”).

2

The notice must––

a

specify––

i

the rent that will be payable once the increase takes effect,

ii

the day on which the increase is to take effect, and

b

fulfil any other requirements prescribed by the Scottish Ministers in regulations.

3

The rent increase takes effect on the effective date, unless before that date—

a

the landlord intimates to the tenant that the notice is rescinded, or

b

the tenant makes a referral to a rent officer under section 24.

4

For the purpose of subsection (3), the effective date is the date of the later of—

a

the day specified in the notice in accordance with subsection (2)(a)(ii), or

b

the day after the day on which the minimum notice period ends.

5

In subsection (4)(b), “the minimum notice period” means a period which—

a

begins on the day the notice is received by the tenant, and

b

ends on the day falling—

i

three months after it began, or

ii

whatever longer period after it began as the landlord and tenant have agreed between them.

6

In subsection (5), the reference to a period of three months is to a period which ends in the month which falls three months after the month in which it began, either—

a

on the same day of the month as it began, or

b

if the month in which the period ends has no such day, on the final day of that month.