Landlords in Scotland are being asked for their views on rent control exemptions and where rent could be increased above the rent cap.

A Scottish Government consultation into the Housing (Scotland) Bill considers exemptions such as improvements to property or where rents have consistently been charged at below market rates.

Social justice secretary Shirley-Anne Somerville said its proposals will help provide certainty for tenants by keeping them in their homes and ensure rents remain affordable during a cost-of-living crisis.

“Rental properties are a crucial element of our efforts to tackle the housing emergency, and we want landlords to have the confidence to invest and continue to provide good quality, affordable homes,” Somerville said.

“The responses will help us strike the right balance between supporting tenants, while ensuring the rights of landlords are protected and we continue to support investment in the rented homes we need.”

Housing (Scotland) Bill

The Bill creates a power to introduce rent control areas and outlines how increases for properties let under private residential tenancies in these areas would be limited to once a year, regardless of how many tenancies are granted by the landlord in that period.

This means that the rent cap would apply to rent increases both during and between tenancies, to stabilise the level of rents and avoid the potential for rents to continue to rise more steeply between tenancies.

The Government has already confirmed its aim to bring forward an amendment to the Bill whereby increases would be limited to a fixed rent cap of CPI annual rate of inflation +1%, up to a maximum of 6%.

Views are also being sought on how Ministers’ regulation-making powers could be used to clarify how private sector joint tenancies are ended, including measures that provide a remedy for tenants ‘trapped’ in a private residential tenancy due to a complete relationship breakdown with other joint tenants.

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