Tenant Protection Bill could be passed this week

The Scottish Parliament will today vote on whether to treat the Cost of Living (Tenant Protection) (Scotland) Bill as an emergency bill.

The bill temporarily changes the law to restrict landlords from increasing the amount of rent they can charge on residential tenancies. It does so by applying a cap of 0% on permitted rent increases, a figure that can be varied by ministers. Any rent increase notice on or after 6 September 2022 that is above the cap is of no effect.

This change would also apply to student residential accommodation.  There are exceptions for landlords experiencing increased property costs, such as mortgage interest or service charges in relation to their leased property.  

Additionally, the bill places certain restrictions on evictions from residential tenancies. There are exemptions for landlords, including where a landlord is experiencing financial hardship.

Most of the changes in the bill will expire at the end of 31 March 2023 unless the Scottish ministers extend them by regulations. They can be extended to 30 September 2023 and then again to 31 March 2024. 

Ministers are also required to report on the changes about every three months. 

The bill also allows ministers to make regulations about matters a rent officer or a First-tier Tribunal must consider in determining rent. This will apply until 31 March 2024 unless extended by regulations. There is no limit to the number of times this provision can be extended, but it can only be extended for a up to a year at a time.

If the emergency bill motion is passed, the stage 1 debate will also take place today. The bill could complete its passage this week.

Access the bill and related papers here.