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Scotland rent freeze: complete guide to rent caps and eviction restrictions

Scotland’s rent control framework has fundamentally reshaped the private rental market since the introduction of emergency legislation in late 2022. For landlords and agents operating north of the border, understanding these rules and their legacy is essential. The Cost of Living (Tenant Protection) (Scotland) Act 2022 established the statutory basis for Scotland’s rent freeze, rent cap, and eviction ban, shaping current and future policy.

What happened with Scotland’s rent freeze

In response to the cost of living crisis, the Scottish Parliament enacted the Cost of Living (Tenant Protection) (Scotland) Act 2022, which brought in:

  • A rent freeze (0% permitted increase) from October 2022 on existing private and social tenancies, increased to a 3% cap from April 2023
  • Provision to allow landlords to apply for a rent increase of up to 6% in certain exceptional circumstances, such as higher mortgage interest, specialist insurance or service charges
  • A moratorium on most eviction enforcements for up to six months (with exceptions for serious cases)
  • Heavier penalties for unlawful evictions – increasing the minimum damages to three months’ rent and a maximum of 36 months

These measures were designed as temporary protections and were extended twice, ultimately expiring on 31 March 2024. The Act also empowered Scottish Ministers to make further regulatory changes or extend protections (for up to a year at a time), and required regular reporting to the Scottish Parliament on their impact. For the full legislative documents, visit the Scottish Parliament’s dedicated Bill page.

Why it matters for landlords and agents

The Scottish experience is a reference point for any landlord or agent concerned about potential rent caps elsewhere in the UK. Key points:

  • Rent income was strictly limited: Landlords could only raise rents by 3% over a 12-month period unless able to evidence specific financial hardship.
  • Evictions were delayed rather than abolished: Even where a valid reason existed, enforcement could be postponed for months, impacting cash flow and property management.
  • Operational risks increased: Changing rules required landlords to document cost increases, communicate thoroughly with tenants, and closely follow all notice and process requirements to avoid penalties.
  • Future regulatory risk: The Scottish Government stated at the expiry of emergency measures that transitional guidance and new adjudication rules may be brought in before any permanent rent control regime is launched.

For practical advice and compliance guidance, landlords can benefit from partner resources such as mydeposits Scotland for deposit protection, Total Landlord for insurance and risk management, and Landlord Action for possession and legal support relating to Scottish cases.

What to do next if you’re a landlord in Scotland

  • Stay updated: Regularly check the Scottish Government’s housing and tenancy guidance and trusted partner channels for any changes.
  • Maintain robust documentation: Keep accurate evidence of all costs and correspondence in case you need to apply for an exceptional rent increase or respond to a tribunal.
  • Review your tenancy agreements: Make sure you have clear clauses around rent changes and eviction processes, especially as the policy environment may keep shifting.
  • Understand deposit protection: Use government-backed schemes such as mydeposits Scotland and follow all statutory rules.
  • Evaluate insurance cover: Review your landlord insurance and consider legal expenses and rent guarantee protection to minimise your risk.
  • Seek legal advice when required: Rent controls and process changes can create complex disputes—consider partnering with Landlord Action for professional assistance.

Key dates and policy context

  • October 2022: Emergency Act introduced a rent freeze and eviction ban
  • March 2023: Rent cap increased to 3%, first extension begins
  • June 2023: Final extension granted, with ‘sunset’ deadline of 31 March 2024
  • March 2024: Emergency measures ended according to law; Scottish Government continues developing new permanent rent control framework

For more in-depth analysis and further details, see the full Act and supporting documents here (Scottish Parliament) and the legislation text (legislation.gov.uk).

Common questions

What is Scotland’s rent freeze and when did it end?
Scotland’s rent freeze was an emergency response to the cost of living crisis, in force from October 2022 to March 2024. The Cost of Living (Tenant Protection) (Scotland) Act 2022 gave statutory effect to the freeze and subsequent rent cap.

How did the rent cap and exceptional increases work?
From April 2023, the cap allowed maximum annual rent increases of 3%. To apply for up to 6%, landlords had to make a formal application to Rent Service Scotland, supplying evidence of significant cost increases from the preceding six months. See the Scottish Government Rent Service Scotland for the application process.

What did the eviction ban mean in practice?
Most eviction orders could not be enforced for up to six months—except for certain exceptions (such as anti-social behaviour, abandonment, financial hardship, or mortgage lender recovery). Read more on managing evictions with legal support.

Were there exemptions?
Social housing was exempted from rent control from February 2023. Student accommodation was removed in March 2023 after evidence of limited impact. These measures only applied to existing tenancies, not to new tenant contracts.

What happens now that the emergency measures have ended?
Scotland reverted to its pre-pandemic rent adjudication and notice rules but intends to develop a long-term rent control policy. Transitional rules around rent adjudication may still be updated, so it is vital for landlords to stay informed.

Where can I find support on compliance and regulation?

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