22Landlord's power to increase rentS
(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(a)the landlord intimates to the tenant that the notice is rescinded, or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.
Modifications etc. (not altering text)
C1S. 22 modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(6) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2))
Commencement Information
I1S. 22(1) (3)-(8) in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.
I2S. 22(2) in force at 31.10.2016 for specified purposes by S.S.I. 2016/298, reg. 2, sch.
I3S. 22(2) in force at 1.12.2017 in so far as not already in force by S.S.I. 2017/346, reg. 2, sch.