This guide covers Scotland. If you are a landlord in England, your equivalent major 2026 legislation is the Renters' Rights Act 2025 — see our England-specific guides. Wales has the Renting Homes (Wales) Act 2016 regime. Northern Ireland has its own regime under the Private Tenancies (Northern Ireland) Order 2006.
The Housing (Scotland) Act 2024 (the '2024 Act') received Royal Assent on 26 November 2024. It is the most significant piece of Scottish housing legislation since the Private Housing (Tenancies) (Scotland) Act 2016 created the Private Residential Tenancy (PRT) framework. The 2024 Act does not replace the PRT — it amends and strengthens it.
Key changes introduced by the Housing (Scotland) Act 2024
- Rent Control Areas: Scottish Ministers gain the power to designate 'Rent Control Areas' by order. Within a designated area, in-tenancy rent increases on a PRT will be capped at a prescribed rate. No areas had been designated as of June 2026, but landlords with properties in high-demand urban areas should monitor Scottish Government announcements closely.
- Changes to the rent increase process: The Act amends the requirements for rent increase notices on PRTs. Landlords must give at least 3 months' notice of a rent increase (up from 3 months under the 2016 Act — confirmed as the new baseline). Outside a Rent Control Area, the amount of increase remains unregulated but must be market rent.
- Temporary exemptions from rent control: Within a Rent Control Area, landlords can apply for a temporary exemption from the cap if they have carried out qualifying improvement works. The exemption framework replaces the previous emergency legislation system.
- Extended Repairing Standard: The Act adds new obligations to the Repairing Standard — the minimum physical condition Scottish private landlords must maintain. New obligations relate to: safe water supply free from contamination; adequate provision for disabled persons' access (where works are reasonably practicable); and an energy efficiency standard. Phased commencement applies.
- Additional grounds for repossession: The Act introduces modest changes to the 18 repossession grounds in Schedule 3 of the 2016 Act, clarifying the evidential requirements for some grounds.
- Tenancy deposits: The Act clarifies and strengthens the rules around tenancy deposit scheme registration, including tighter timescales for repayment of deductions following the end of the tenancy.
- Private Landlord Registration: Scotland's existing landlord registration regime (under the Antisocial Behaviour etc. (Scotland) Act 2004) is amended. Landlords must register or re-register with their local council. Failing to register means it is a criminal offence to rent out property in Scotland.
What is a Private Residential Tenancy (PRT)?
Since 1 December 2017, all new private residential tenancies in Scotland have been created as Private Residential Tenancies (PRTs) under the Private Housing (Tenancies) (Scotland) Act 2016. The PRT is an open-ended tenancy with no fixed term. Landlords can only regain possession using one of the 18 repossession grounds set out in Schedule 3. There is no equivalent of the English Section 21 (no-fault) notice in Scotland.
- 18 repossession grounds: These range from rent arrears and landlord's intention to sell, to the property being required for the landlord's or a family member's use. Each ground has specific evidential and notice requirements.
- Notice to Leave: The Scottish equivalent of an English possession notice is the 'Notice to Leave'. Notice periods range from 28 days (if the tenant has been in the property for 6 months or less) to 84 days for longer tenancies on certain grounds.
- First-tier Tribunal (Housing and Property Chamber): Disputes about PRTs, repossession applications, and rent challenges are heard by the First-tier Tribunal for Scotland (Housing and Property Chamber), not the county court.
Rent Control Areas — what landlords should do now
The rent control powers in the 2024 Act have not yet been activated. No Rent Control Areas existed as of June 2026. However, Scottish Ministers have the power to designate areas following a statutory assessment process. Landlords with properties in Edinburgh, Glasgow, Dundee, Aberdeen, and other high-demand cities should:
- Monitor Scottish Government housing policy announcements and the Housing and Property Chamber's communications
- Ensure your rent is set at or close to open market rent before any designation takes effect — rent control areas cap increases to a percentage of the existing rent, so starting from a below-market rent is commercially damaging
- Review your tenancy agreements to ensure rent increase procedures comply with the 3-month minimum notice requirement
- If you carry out improvement works, understand the temporary exemption application process so you can preserve the ability to reflect those costs in rent
Repairing Standard obligations — phased commencement
The Housing (Scotland) Act 2024 extends the Repairing Standard. Not all new elements commenced on Royal Assent — some require commencement orders. Scottish landlords should ensure they meet the following (in addition to existing standards):
- Safe water supply: The property's water supply must be safe for use, free from contamination including lead from pipes. Older properties in Scotland with pre-1970 lead supply pipes may need remedial works
- Accessibility: Where it is reasonably practicable given the property's construction, provision for disabled persons' access must be adequate. This is a qualified standard — it does not require wholesale conversion of existing properties
- Energy efficiency: A new energy efficiency element of the Repairing Standard applies. Scottish landlords should already be aware of the Energy Efficiency (Private Rented Property) (Scotland) Regulations 2020, which require properties to be EPC Band D or above for new tenancies since 1 April 2022 and all tenancies from 31 March 2025
- Existing obligations: The existing Repairing Standard (structural condition, heating, plumbing, fixtures, garden, common parts) continues to apply and must be met throughout the tenancy
Private Landlord Registration in Scotland
Scotland's landlord registration regime is separate from England's (which is yet to be implemented fully). All private landlords in Scotland must register with the local council in every area where they own rented property. The fee is set by the Scottish Government.
- Register at landlordregistrationscotland.gov.uk: Registration is online and renewed every three years
- Criminal offence: It is a criminal offence in Scotland to rent out a property without being registered. Courts can also award up to 12 months' rent to a tenant if the landlord is unregistered
- Letting agents must also register: Letting agents operating in Scotland must register with the Scottish Letting Agent Register (SLAR) and comply with the Letting Agent Code of Practice
- Disclosure to prospective tenants: A landlord's registration number must be included in any advertisement for the let property and provided to the tenant before the tenancy begins
HMO licensing in Scotland
Scotland's HMO licensing regime operates under the Housing (Scotland) Act 2006. A mandatory HMO licence from the local council is required for all properties in Scotland occupied by 3 or more unrelated persons. This is a lower threshold than England's 5-person mandatory trigger.
- 3+ unrelated persons: Any property occupied by 3 or more adults who are not all members of the same family requires an HMO licence
- Application to the local council: HMO licence applications are made to the council in whose area the property is located
- Fitness test: All persons with a management role over the property (including letting agents) must pass a fit and proper person test
- Annual licence fee: Scottish HMO licences are typically granted for 3 years and require renewal. Non-renewal is a criminal offence
This guide covers Scotland only. Landlords in England should see our Renters' Rights Act 2025 pillar guide. Wales: see our Renting Homes (Wales) Act 2016 guide. Northern Ireland: see our Northern Ireland Private Tenancies guide.