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Cost of Living (Tenant Protection) (Scotland) Act 2022

Overview

3.The Act—

  • adjusts the law on rent increases and sets a permitted rate (which may be varied by regulations made by the Scottish Ministers) by which rent may be increased (set at 0% initially), and provides for limited circumstances in which rent may be increased above this rate,

  • confers a power to modify the law on adjudication of rent disputes on or in anticipation of the expiry or suspension of the temporary rent controls,

  • adjusts the law on evictions to temporarily restrict the enforcement of various eviction orders, and provides for limited exceptions to the restriction,

  • allows for increased damages to be awarded in the event of an unlawful eviction.

4.The provisions of the Act relating to rent increases and evictions apply to—

  • private residential tenancies under the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”),

  • assured tenancies and short assured tenancies under the Housing (Scotland) Act 1988 (“the 1988 Act”),

  • Scottish secure tenancies and short Scottish secure tenancies under the Housing (Scotland) Act 2001 (“the 2001 Act”), and

  • student residential tenancies.

5.The provisions of the Act relating to evictions also apply to protected tenancies (including short tenancies) and regulated tenancies under the Rent (Scotland) Act 1984 (“the 1984 Act”).

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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