The Housing (Scotland) Act 2025: What does it mean for you?
Housing (Scotland) Act 2025 explained
The Housing Scotland Act received Royal Assent on November 6th of 2025, and is being brought into force – piece by piece. The intention of this particular act is to re-shape the landscape of how residential property is managed in Scotland. Most importantly, it signifies, if not crystallises, the move toward a tenant-oriented housing market. The act can be accessed and reviewed here.
Given the developing nature of this, it will become increasingly vital over the course of 2026 to understand what changes have been made and exactly how this could affect you and/or your business. Below, we’ve begun breaking down some of the key changes and their impacts.
If you are concerned that any of the changes outlined below may affect you or your business, we recommend seeking tailored legal advice at an early stage.
Our team is available to discuss your position and next steps. Contact us today by completing our online contact form or call us on 0141 433 2626.
Rent Control Areas:
While not planned for full enforcement until after the 31st of Mary 2027, the act provides power to designate Rent Control Areas, which can cap rent increases throughout Scotland. The act amends the previous standing 2016 Act to restrict a landlord’s ability to raise the rent payable more than once every 12 months. This means that Landlords’ will be forced to consider their strategy in rental income where these areas are designated.
Expanded Tenant Rights:
As earlier alluded, the act brings about further rights for tenants, that will alter how day to day property management will function. Under Part 3 section 35 of the act it alters the provisions of the Private Housing (Tenancies) (Scotland) Act 2016 at Part 5a to include provisions regarding Pets. Tenants now have a right to keep a pet at the property with the landlord’s consent. If a written request is made in writing by a tenant to keep a pet, a landlord is obligated to give notice of their decision, and if refusing, specify the reasons as to why or conditions applied to their agreement. Of note however, is section 64F of the now amended 2016 act, which stipulates that these reasons must be deemed as reasonable, which the act grants power to the Scottish Ministers to determine.
Awaab’s law, health & safety:
The act also enshrines into legislation a greater emphasis on the responsibility of Landlords to investigate complaints of damp & mould. This is done, and has been referred to as ‘Awaab’s Law’ to honour the tragic passing of Awaab Ishak, a 2-year-old boy who died from exposure to mould in his home. This change shifts the onus onto landlords to respond promptly to tenants concerns, and will include provisions to stipulate phased repair timescales upon Landlords as it is rolled out, later this year as per Part 4, section 46 of the act. This means, Landlords will be expected to be far more proactive in resolving concerns and carrying out repairs to their properties, and will necessitate continual check-ins with factors and property managers alike.
Evictions and Legal Issues:
As you may assume from the above, the act, again shifts how evictions will take place is Scotland, and quite drastically. First, in an effort to deter further unlawful evictions, the manner in which damages owed to a former tenant are calculated (per Part 2 section 32 of the act). Now if a tenant is evicted in a manner deemed unlawfully, by the relevant authoritative body, landlord may be found liable anywhere between 3- 36 times the relevant sum. The sum being either the cost of rent, or £840 – whichever is higher. That means at a minimum, Landlords could face costs of over £5,000 with a far higher cap, depending on the full context of the situation.
Secondly, the act protects that the Tribunal or any other body, has the obligation to consider whether the date of eviction will be delayed. This is quite often found to have been happening already in practice, but this new addition to the legislation of the area only solidifies that this will continue to be another aspect to consider in the eviction process. The Tribunal, under Part 2 Section 28 are tasked to consider the circumstances of both the Tenant and Landlord when determining the date of eviction and what potential impacts of eviction or delay upon the parties.
Therefore, Landlord’s ought to be aware, that now, more than ever, the law of eviction in Scotland, is fraught with pitfalls and risks of liability. Over the next two years Landlords will need to take far greater care when taking on the responsibility of a new tenant and managing a property.
Key Takeaways from the Housing (Scotland) Act 2025
- The Scotland 2025 Act introduces rent control across Scotland, stabilizing rent levels and limiting increases.
- Certain properties and landlords may qualify for exemptions from rent controls.
- Private residential tenancies now include stronger tenant protections, statutory notice periods, and safeguards against unlawful eviction.
- Landlords must comply with housing standards, respond in writing to tenant requests, and adhere to rent caps.
- Local authorities and tribunals will enforce compliance, mediate disputes, and support homelessness prevention.
- Rent increases are regulated and must align with statutory conditions in rent control areas.
- The act strengthens coordination between private landlords, social landlords, and local authorities to reduce homelessness.
- Key dates include royal assent on 6 November 2025 and ongoing implementation in 2026.
- Tenants have enhanced rights regarding pets, joint tenancy, and safe housing conditions.
- The act represents a major step in Scotland’s ambition to end homelessness and improve housing standards.
Contact our Property Lawyers for advice today
In Summary, we encourage all clients and landlords to watch this space as the full act is put into effect. To be mindful of your local authorities considerations of Rent Control Areas and to budget carefully & proactively for costs in ensuring compliance with the new stipulations. Most importantly however, we would encourage that if you have a concern about one of your properties or are worried as to how to navigate the ever shifting law, to get in contact with our selves, as early and as soon as possible. Our Housing team are ready and able to assist you through whatever you need to deal with.
Contact us now on 0141 433 2626, via our email at clientservices@claritysimplicity.co.uk or by completing our online contact form.
Frequently Asked Questions
- What is the Housing (Scotland) Act 2025?
The Housing (Scotland) Act 2025 is new legislation that reforms rent controls, tenant rights, eviction processes, and landlord obligations across Scotland. - When does the Housing (Scotland) Act 2025 come into force?
The Act received Royal Assent on 6 November 2025 and is being implemented in stages throughout 2026 and beyond. - What are Rent Control Areas in Scotland?
Rent Control Areas allow local authorities to cap rent increases within designated areas to improve affordability and housing stability. - How does the Act affect rent increases for landlords?
In rent control areas, landlords may be restricted in how often and by how much rent can be increased, generally no more than once every 12 months. - Do tenants now have a right to keep pets?
Tenants can request permission to keep a pet, and landlords must respond in writing with reasonable grounds if they refuse. - What is Awaab’s Law and how does it apply in Scotland?
Awaab’s Law strengthens landlords’ duties to investigate and resolve damp and mould issues within prescribed timescales. - What penalties apply for unlawful eviction under the new Act?
Landlords may be liable for damages ranging from three to thirty-six times the relevant rent or a statutory minimum amount. - How does the Act change eviction proceedings in Scotland?
Tribunals must consider the circumstances of both landlords and tenants, including whether eviction dates should be delayed.
