Cost of Living (Tenant Protection) Scotland Act 2022 - A Summary

A few years ago the Scottish Parliament passed legislation introducing widespread reforms to residential lettings in Scotland. Its provisions are similar to the current White Paper on residential letting reform in England

In response to the cost of living crisis, the Scottish Parliament has now taken further steps to protect tenants and restrict a landlord’s powers in the Cost of Living (Tenant Protection) Scotland Act 2022.

The Act came into force on 28 October 2022 and its key points are:

1. A ban on evictions for 6 months. There are exceptions for criminal and anti social behaviour and substantial rent arrears (ie arrears in excess of 6 months)

2. No rent increases for 6 months. If a landlord wishes to increase the rent because eg of increasing mortgage costs, he must make an application via a rent officer and even then the application can only be for 50% of the increased cost.

3. The provisions in the Act remain in force until 31 March 2023 but there is scope to extend them to 31 March 2024

None of the above provisions apply to residential tenancies in this country but is this Act a forerunner of the type of legislation which we will see in England in the near future?