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

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations temporarily modify the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 and the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 in response to emergency measures introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022, which came into force on 28 October 2022.

Regulation 2 and schedule 1 modify the rent-increase notice issued to tenants under the Private Housing (Tenancies) (Scotland) Act 2016.

Regulation 3 and schedule 2 temporarily substitute the form of a tenant’s referral of a rent increase notice to a rent officer for the area in which the let property is situated under the Private Housing (Tenancies) (Scotland) Act 2016.

Regulation 4 and schedule 3 temporarily substitute Form AT2 which is required to be issued by a landlord who intends to increase the rent for a tenant of an assured tenancy under the Housing (Scotland) Act 1988.

Regulation 5 and schedule 4 temporarily substitute the Form AT4 to create a route for a tenant’s referral of a rent increase notice to a relevant rent officer under the Housing (Scotland) Act 1988.

These Regulations make changes to certain forms and notices in light of emergency measures introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022, which was subject to a Business Regulatory Impact Assessment. No further impact on business is foreseen as a result of these Regulations. A copy of all impact assessments for the Act can be obtained online at www.legislation.gov.uk.

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