The Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023

Citation, commencement and expiry

1.—(1) These Regulations may be cited as the Private Residential Tenancies and Assured Tenancies (Prescribed Notices and Forms) (Temporary Modifications) (Scotland) Regulations 2023 and come into force on 1 April 2023.

(2) These Regulations remain in force until the end of 30 September 2023, subject to the suspension or expiry of section 1 and schedule 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”)(1) on a different date.

(3) Where section 1 and schedule 1 of the 2022 Act are suspended or expired on a date other than the 30 September 2023, these Regulations remain in force until that other date.

Modification of the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017

2.—(1) The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017(2) apply in relation to a landlord’s power to increase rent by giving a rent increase notice to a tenant under section 22(1) of the Private Housing (Tenancies) (Scotland) Act 2016, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) Schedule 2 has effect as if for it there were substituted the form set out in schedule 1 to these Regulations.

3.—(1) The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 apply in relation to a tenant’s right to refer a rent increase to a rent officer under section 24(1) of the Private Housing (Tenancies) (Scotland) Act 2016, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) Schedule 3 has effect as if for it there were substituted the form set out in schedule 2 of these Regulations.

Modification of the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017

4.—(1) The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017(3) apply in relation to a notice of a rent increase under section 24(1) (notice by landlord under section 24(1) of an increase of rent under an assured tenancy) of the Housing (Scotland) Act 1988, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) The schedule has effect as if for Form AT2 there were substituted the form set out in schedule 3 to these Regulations.

5.—(1) The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 apply in relation to the right of a tenant to refer a notice of a rent increase under 24(3)(a) of the Housing (Scotland) Act 1988 to the relevant rent officer as defined in section 24(9) of the Housing (Scotland) Act 1988 for consideration under section while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) The schedule has effect as if for Form AT4 there were substituted the form set out in schedule 4 to these Regulations.

Saving provisions

6.  The modifications made by regulations 2, 3, 4 and 5 do not apply in respect of a form or notice to which those regulations apply which was given or served prior to the coming into force of these Regulations.

PATRICK HARVIE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th February 2023