Serving the Rent Increase Notice — form and timing requirements
The Rent Increase Notice must use the prescribed form (Schedule 3 to the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017). The notice must state: (a) the proposed new rent; (b) the effective date; (c) the tenant's right to refer to Rent Service Scotland within 21 working days. Minimum notice: 3 calendar months (84 days) from the deemed service date. Only one increase is permitted in any 52-week period.
- Prescribed form only — an informal letter is not a valid Rent Increase Notice
- 3 months' minimum notice from deemed service date — not from the date of writing
- One increase per 52-week period — the period runs from the date the PREVIOUS increase took effect
- Service methods: personal delivery (immediate); first-class post (2 working days); email (if electronic service clause in PRT agreement)
- Retain evidence of service: certificate of posting; tracked delivery; or signed tenant acknowledgement
Rent Service Scotland referral — 21 working days
If the tenant refers the proposed increase to Rent Service Scotland within 21 working days of receiving the notice, Rent Service Scotland assesses the open market rent for the property. If the open market rent is LOWER than the proposed new rent, the lower RSS-determined rent applies. If open market rent is EQUAL to or HIGHER than proposed, the landlord's proposed rent is confirmed. Either party can appeal to the First-tier Tribunal (Housing and Property Chamber). If 21 working days pass without referral, the proposed new rent takes effect on the date stated in the notice.
- 21 WORKING DAYS — not calendar days; excludes weekends and Scottish public holidays
- RSS assesses open market rent using comparable properties in the area
- If RSS determines open market rent is lower: the lower amount applies — landlord's increase capped
- If RSS determines open market rent is equal or higher: landlord's proposed rent confirmed in full
- Rent is payable at the current rate while the referral/appeal is pending
Common mistakes to avoid
Most common PRT rent increase errors: (1) using an informal letter instead of the prescribed form; (2) giving less than 3 months' notice (counting from letter date rather than deemed service date); (3) attempting a second increase within 52 weeks (the 52-week period runs from when the PREVIOUS increase took effect — not from when the previous notice was served); (4) failing to retain evidence of service. The Scottish rent freeze ended 31 March 2024 — the standard PRT procedure without restriction applies from 1 April 2024.