Housing (Scotland) Act 2025: Frequently Asked Questions

What is the Housing (Scotland) Act 2025?

The Housing (Scotland) Act 2025, which received Royal Assent in November 2025, introduces significant reforms to the private rental sector aimed at improving housing standards, strengthening tenant rights, and controlling rents in certain areas. While the legislation is still in its early stages and much remains to be clarified, with changes scheduled to be implemented gradually between 2026 and 2028, now is the time to prepare. We will keep you updated on important developments, and your local branch is available to assist with any questions.

What’s Awaab’s Law and when will it take affect?

Awaab’s Law reinforces existing requirements for landlords to ensure that their property is free from damp and mould and that concerns are promptly dealt with. If a hazard poses a health risk, you’ll need to investigate and fix it within strict timelines. Initially, this applied to social landlords, with implementation for private landlords planned during 2026. If you haven’t already, start checking your properties for potential issues now. If you have a mid tenancy property inspection due, include a check for the presence of damp or mould which might not have been reported by the tenant.

What are Rent Control Areas (RCAs)?

Local councils can apply to create RCAs, with Scottish Ministers’ approval. In these areas:

• Rent increases will be capped at CPI* + 1%, with a maximum of 6% per year.
• This applies to both during an existing tenancy and between tenancies.
• Some properties are exempt, including mid-market rent, build-to-rent, and purpose-built student accommodation.

Rent controls aren’t expected to start until 2028, but councils must complete rent condition assessments by May 2027. Keep good records of your rent levels now—it’ll make compliance easier later.

Can tenants ask to keep pets or redecorate?

Yes, tenants can request to keep pets or make reasonable alterations, like decorating or putting up shelves. You’ll have 30 days to respond. If you don’t reply, it counts as a refusal. And if you refuse without good reason, tenants can challenge you at the First-tier Tribunal. It’s worth reviewing your tenancy agreements to make sure they reflect these new rights.

What’s changed about rent increase challenges?

Tenants will have 30 days (up from 21) to challenge a rent increase. It’s a small change, but one to note when issuing notices.

What about joint tenancies and succession rights?

• A single joint tenant can now end their tenancy without needing everyone else to agree.
• Family members only need 6 months of living in the property to succeed to a tenancy (previously 12 months).

How do eviction rules change?

The Tribunal will weigh up both tenant and landlord circumstances before granting an eviction and can delay the process if needed. And beware: damages for unlawful eviction have jumped to 36 times the monthly rent. Plus, the Tribunal must notify local authorities or police if they find an unlawful eviction.

What should landlords do now?

• Inspect your properties for damp and mould ahead of Awaab’s law implementation. Make sure that any mid tenancy property inspection due includes such a check.
• Keep detailed rent records for future RCA compliance.
• Update tenancy agreements to reflect new response times for pets and alterations.
• Plan for stricter eviction rules and higher penalties.
• Stay informed—secondary regulations will fill in the details over the next two years.

Need help navigating these changes?