2024 No. 19

Housing

The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Saving Provisions) Regulations 2024

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 7(7)(b) of the Cost of Living (Tenant Protection) (Scotland) Act 20221 and all other powers enabling them to do so.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Saving Provisions) Regulations 2024 and come into force on 31 March 2024.

2

In these Regulations—

  • “the 1988 Act” means the Housing (Scotland) Act 19882,

  • “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 20163,

  • “the 2022 Act” means the Cost of Living (Tenant Protection) (Scotland) Act 2022.

Rent cap: saving provision2

Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act4, paragraphs 1 and 2 of schedule 1, and section 1 as it relates to these paragraphs, of the 2022 Act continue to have effect as they did immediately before the expiry of that Part5 (including as modified by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 20236) insofar as they are applicable in relation to—

a

a rent-increase notice given in accordance with section 22(1) of the 2016 Act7 on or after 1 April 2023 and before 1 April 2024,

b

a notice proposing a new rent served in accordance with section 24(1) of the 1988 Act8 on or after 1 April 2023 and before 1 April 2024,

c

a referral to a rent officer made in accordance with section 24(1) of the 2016 Act9 in relation to a rent-increase notice described in paragraph (a),

d

a referral to the relevant rent officer made in accordance with section 24(3)(a) of the 1988 Act10 in relation to a notice described in paragraph (b),

e

an appeal to the First-tier Tribunal made in accordance with section 28(1) of the 2016 Act11 against an order of a rent officer in relation to a referral described in paragraph (c),

f

an appeal to the First-tier Tribunal made in accordance with section 24B(1) of the 1988 Act12 against an order of a rent officer in relation to referral described in paragraph (d),

g

an application to the relevant rent officer to increase rent by more than the permitted rate made in accordance with section 33A(1) of the 2016 Act13 on or after 1 April 2023 and before 1 April 2024,

h

an application to the relevant rent officer to increase rent by more than the permitted rate made in accordance with section 24E(1) of the 1988 Act14 on or after 1 April 2023 and before 1 April 2024,

i

an appeal to the First-tier Tribunal made in accordance with section 33C(1) of the 2016 Act15 against an order of a rent officer in relation to an application described in paragraph (g),

j

an appeal to the First-tier Tribunal made in accordance with section 24G(1) of the 1988 Act16 against an order of a rent officer in relation to an application described in paragraph (h).

Evictions: saving provision3

1

Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act, paragraphs 4, 5 and 6 of schedule 2, and section 2 as it relates to these paragraphs, of the 2022 Act continue to have effect as they did immediately before the expiry of that Part insofar as they are applicable in relation to—

a

an eviction notice which was served before 1 April 2024,

b

proceedings for a decree for removing—

i

in relation to an eviction notice mentioned in paragraph (a), or

ii

raised before 1 April 2024 without the need for an eviction notice,

c

a decree for removing granted in proceedings mentioned in paragraph (b),

d

appeal, recall or review proceedings against a decree mentioned in paragraph (c).

2

Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act, the definitions of “decree for removing” and “eviction notice” in paragraph 1(10) of schedule 2 of the 2022 Act continue to have effect and apply for the purposes of this regulation.

Unlawful eviction notification and determination of damages: saving provision4

Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act, paragraphs 7 and 8 of schedule 2, and section 2 as it relates to these paragraphs, of the 2022 Act have effect as they did immediately before the expiry of that Part insofar as they are applicable in relation to—

a

an action for damages raised before 1 April 2024,

b

appeal proceedings against a decision of the court or First-tier Tribunal, as the case may be, made under section 36 or 37 of the 1988 Act.

PATRICK HARVIEAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”) expires at the end of 31 March 2024. It introduces schedules 1 and 2 of the 2022 Act. Schedule 1 imposes restrictions on rent increases for residential tenancies (“the rent cap”), and schedule 2 imposes an evictions moratorium and makes further provision in relation to damages for unlawful evictions.

Regulation 2 saves paragraphs 1 and 2 of schedule 1 (relating to the rent cap) so that they continue to have effect in relation to notices about rent increases served before Part 1 expires and in relation to any subsequent referrals, applications or appeals.

Regulation 3 saves paragraphs 4, 5 and 6 of schedule 2 (relating to certain temporary eviction grounds) so that these grounds continue to have effect in relation to eviction notices served before Part 1 expires and in relation to any subsequent proceedings or appeals. The temporary eviction grounds include circumstances in which the landlord is seeking to sell or live in their property to alleviate financial hardship or where the tenant has rent arrears equal to 6 months’ rent or more.

Regulation 4 saves paragraphs 7 and 8 of schedule 2 (relating to damages for unlawful eviction) so that these provisions continue to have effect in relation to actions for damages raised before Part 1 expires and in relation to any subsequent appeals.