Scotland’s Legislation on Rent Freeze and Eviction Ban
The new Tenant Protection Bill has been introduced as part of the Scottish government’s strategy to tackle the current cost of living crisis facing everyone in the UK. The bill changes the rules around rental accommodation and includes a freeze on rent until March 2023. This means that there is a cap on rent increases which was introduced on September 6th 2022. In addition, there is a six-month ban on evictions.
The new bill will remain in place until March 2023, with the option of extending it for up to a year, taking us to March 2024. The measures will also be reviewed every three months to ensure they align with the cost of living crisis.
How it works
This new rent cap means that tenants who rent their property from a private landlord or local authority cannot have their rent increased from September 6th this year. If a rent increase were issued before this date, the new cap wouldn’t apply.
Regarding evictions, these will only be allowed under certain circumstances for both private, student and social sector rentals. The aim is that this measure will provide more time for people to seek support and find alternative accommodation. There are some cases where the ban won’t apply, for example, where anti-social or criminal behaviour has taken place; this will protect other tenants and the local community. There are also additional exemptions to support landlords who find themselves in financial hardship. Where there are substantial rent arrears with tenants building up unmanageable debt, they will continue to owe and support the landlord’s ability to continue to offer the property for rent.
Where an eviction order or decree was granted before the legislation came into force or where the landlord has already raised eviction proceedings and served an eviction notice before the announcement on 6th September 2022, it will still be enforceable.
