The Housing (Scotland) Bill received Royal Assent on 6 November 2025 and become an Act – the Housing (Scotland) Act 2025. The Act aims to strengthen the protections afforded to tenants in Scotland, improve housing standards and help prevent homelessness, by imposing new duties on local authorities and landlords across different types of tenancy agreements, and setting out additional rights for tenants. This blog (which follows on from our previous blog and webinar on the Bill) will outline the key provisions and the implications of the Act for landlords and tenants.
Key provisions
Rent control measures
Periodic assessment of rent conditions (section 1)
There is now a duty on local authorities to, by not later than the end of each reporting period, carry out an assessment of:
• the level of rent payable.
• rate of rent increases under private residential tenancies and assured tenancies;
• the impact of the rent payable and rate of rent increases on properties, tenants and landlords in rural areas.
Once this assessment is complete, local authorities must prepare and submit a report to the Scottish Ministers. Local authorities must prepare the first report by 31 May 2027, and then the following reports will be required every 5 years. If since the submission of the most recent report, a local authority considers that there has been a significant change in rents or rate of rent increase, the local authority may carry out an interim assessment and prepare a further report.
Designation of rent control areas (sections 8-12)
Section 9 (1) of the Act grants Scottish Ministers the power to designate certain areas of the country as “rent control areas”, if they are satisfied it is:
• Necessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area; and
• Necessary and proportionate control of landlords’ use of their property in the area.
Scottish Ministers must:
1. Consider reports provided to them by local authorities regarding rent control areas and then prepare and publish a report as soon as possible.
2. Consult the local authority where the proposed rent control area is situated and the persons who represent the interests of tenants and landlords under relevant tenancies of proposed in the rent control area in advance of laying a draft statutory instrument designating a rent control area.
3. When laying a draft statutory instrument before the Scottish Parliament, lay before the Parliament a report setting out the reasons why they consider that the regulations should be made.
4. Keep under review the designation and size of each rent control area. Where the Scottish Ministers consider that it is no longer necessary or proportionate to designate the rent control area, they must lay a draft statutory instrument before the Scottish Parliament to revoke or vary the existing regulations. Before reducing the size of a rent control area, the Scottish Ministers must carry out a consultation and produce a report, in the same manner as described above.
After much debate and controversy throughout the passage of the Bill, the provisions on rent control measures will only apply to private residential tenancies, not Mid-Market Rent (MMR) Housing, build-to-rent properties or student accommodation.
Evictions
Delays to evictions (sections 28-31)
Introduces a duty on the sheriff court and First-Tier Tribunal to consider whether it would be reasonable to delay evictions. This applies to the evictions of tenants under private residential tenancies, Scottish secure tenancies, assured tenancies protected and statutory tenancies.
The court of Tribunal must balance the impact on the tenant and members of the household if eviction was not delayed, with the potential impacts to the landlord if the eviction is delayed.
Relevant factors to be considered include:
• Potential financial hardship;
• Detrimental effects on health;
• Detrimental effects due to disability or terminal illness.
Unlawful evictions (section 32)
The Act sets out the procedure for the court or First-Tier Tribunal to award damages to tenants in the event of unlawful eviction. An award of damages may be between 3-36 months’ rent, and the court is only permitted to award less than 3 months’ rent where the court or Tribunal considers it appropriate in all the circumstances.
Changes to tenant’s rights
Right to keep pets (sections 35-36)
The Act grants tenants under private residential tenancies and Scottish secure tenancies with the right to keep a pet (or pets) in the let property, with the landlord’s consent (unless keeping pets is permitted under the tenancy agreement).
The landlord’s consent may not be unreasonably refused, and where a landlord has consented the tenant may keep the pet at the let property until the end of the tenancy subject to any reasonable conditions imposed by the landlord.
Right make changes to the let property (section 35)
Tenants under private residential tenancies may also make changes to the let property under certain conditions.
Tenants are able to make “category 1” changes without the consent of the landlord, and “category 2” changes with the consent of the landlord and at least six months after the start of the tenancy. Landlords cannot unreasonably refuse consent of “category 2” changes.
Scottish Ministers are to prepare, as soon as possible once the provisions come into effect, regulations categorise different changes to private residential tenancies as either category 1 or 2 changes.
Homelessness prevention
Duty to ask (section 52)
Relevant bodies, when they are assessing the needs of a person, and have reason to believe the person is homeless or threatened with homelessness, must ask the person:
• whether the person is homeless or threatened with homelessness;
• whether the person is aware of any application under section 28(1) of the Housing (Scotland) Act 1987 to a local authority for accommodation or assistance in obtaining accommodation;
• whether the person consents to the relevant body making such an application if the relevant body were to be satisfied that it is appropriate.
Duty to act (section 52)
If the person is threatened with homelessness the relevant body must take action as considered appropriate to:
• Remove the threat of homelessness;
• Minimise the threat of homelessness (if removal is not possible); or
• Make an application under s28(1) of the Housing (Scotland) Act 1987 if satisfied that it if action to remove or minimise the threat of homelessness is not possible, it is appropriate in all the circumstances and the relevant body has the consent of the person to make the application.
Several organisations come under the definition of “relevant body” for the purposes of this provision, including:
• Health Boards;
• Local Authorities;
• Scottish Ministers in relation to persons detained in prisons and young offenders institutions;
• Registered Social Landlords;
• The Police.
Duties on local authorities and social landlords to consider the impact of domestic abuse on tenants (sections 55-58)
Local authorities must consider whether an individual is experiencing domestic abuse as part of their consideration when allocation housing.
Where a social landlord considers that the tenant has experienced or is experiencing domestic abuse which explains or partly explains why they are unable to pay their rent, the landlord must:
• Take action to support the needs of the tenants as is considered reasonable;
• Provide the tenants with details of such other support that may be available to the tenant in relation to domestic abuse as the landlord considers appropriate in the circumstances.
Every local authority landlord and registered social landlord must prepare and publish a policy on how it will exercise its functions in relation to the needs of tenants who they have reason to believe have experienced, are experiencing or is at risk of experiencing domestic abuse, with a view to preventing homelessness.
Other provisions
Implementation of Awaab’s Law
The Act also broadens the Scottish Ministers powers to implement ‘Awaab’s Law’. This legal measure, which was introduced in England in October 2025, is named after two-year old Awaab Ishak who died in 2020 following prolonged exposure to damp and mould in his home in 2020. The law seeks to hold landlords accountable for addressing damp and mould issues promptly and to safeguard tenants from the detrimental effects of substandard living conditions. The Act under section 47 allows Scottish Ministers to implement guidance to further specify the circumstances in which a house is to be considered to be substantially free from rising or penetrating damp.
Conclusion
Political and sector reactions to the passing of the Act have been mixed. Housing secretary Mairi McAllan, who also announced the Housing Emergency Action Plan this month stated that “Passing this groundbreaking legislation, coupled with the Housing Emergency Action Plan published earlier this month, shows just how serious we are about tackling Scotland’s housing crisis and Scotland has already led the way in protecting tenants and providing strong rights when people are homeless and now the Housing Bill will revolutionise homelessness prevention and ensure rents are kept affordable.” However, others believe that the Act does not go far enough in tackling the extent of the issues in Scottish housing, and as many of the key measures (such as the designation of rent control areas) require further consultations and regulations before implementation, it will be a long time before real change is seen.
Regardless, it is undoubted that the Act’s provisions are wide-ranging and propose to impose several duties, which landlords and local authorities need to familiarise themselves over the coming months to ensure they are prepared to maintain compliance with the law.
If you would like to discuss how this Act may affect you as a landlord or tenant, please contact Fiona McLeod or your usual Brodies contact.
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