The Housing (Scotland) Act 2025 and the Renters’ Rights Act 2025

The Scottish and UK Governments have both recently passed legislation to reform the residential tenancies which operate north and south of the border. The Renters’ Rights Act 2025 will abolish assured shorthold tenancies (ASTs) in England and replace them with assured periodic tenancies (APTs) on 1 May 2026. The APT rules are similar to those which already apply to Scottish private residential tenancies (PRTs). The Housing (Scotland) Act 2025 will introduce new rights and enhanced protections for residential tenants in Scotland and also the potential for rent controls. Here we compare some of the main similarities and differences resulting from the reforms.

Duration and termination of tenancies

APTs have no minimum term and no fixed duration making them similar to Scottish PRTs which are also open-ended. Tenants in APTs can end their tenancy by giving at least two months’ notice (expiring at the end of a rent period) whilst tenants in Scotland can end their PRT by giving at least 28 days’ notice. Landlords in England will be unable to end APTs on a no-fault basis; they will instead have to establish one of the repossession grounds set out in the legislation, as is already the case for landlords in PRTs in Scotland. The Housing (Scotland) Act 2025 will give tenants in Scotland additional protection against eviction by calling on the Sheriff Court and First Tier Tribunal to consider whether it would be reasonable in the circumstances to delay eviction.

Controls on rent increases

Rent increases in APTs will only be permitted once a year, as is already the case for PRTs. The big difference is that rent increases under APTs are just limited to market rate, whereas in Scotland there is the potential for rent controls to be applied to cap the permitted percentage increase.

Under the Housing (Scotland) Act 2025, local authorities will be permitted to apply for consent from the Scottish Ministers to designate all or part of the area under their jurisdiction as a rent control area. For properties within a rent control area, rent increases under a PRT (and their predecessor tenancies) will be capped at CPI + 1% up to a maximum of 6% for existing tenancies and in between tenancies. The controls in between tenancies will in effect apply when a property had been let to a tenant by the same landlord within the 12 months prior to a new tenancy starting.

There will be some exemptions from rent controls. The Scottish Government has confirmed that build-to-rent and mid-market rental properties will be exempted and that modified controls may apply where, for example, the landlord has carried out certain improvement works to the property. Details of what, how and when the exemptions/modifications apply will be confirmed in regulations expected in the spring of 2026.

PBSA tenancies

In Scotland, tenancies of student accommodation provided by educational institutions and purpose-built student accommodation comprising at least 30 bedrooms with planning consent for use predominantly as student housing cannot be PRTs and are not subject to the PRT rules on duration and termination. Similarly, the Renters' Rights Act will exclude certain PBSA tenancies from the new APT rules.

Those student tenancies which are not PRTs in Scotland will also not be subject to rent controls.

Landlord registration

From late 2026, landlords of residential property in England will have to register their details and details of all properties let out by them in a new Private Rented Sector Database. Landlords of residential property in Scotland must already register with the local authority in which their property is located. However, there is no central repository of rental information for ongoing tenancies in Scotland. This lack of data hindered previous attempts to apply rent controls and so the Housing (Scotland) Act gives local authorities and the Scottish Ministers powers to require landlords to provide more information in relation to their properties, including rental information during tenancies.

New rights for tenants

Tenants north and south of the border are to be given the right to keep pets with the consent of their landlords and landlords will not be entitled to withhold that consent unreasonably. Tenants in Scotland will also be entitled to make alterations to their properties. Alterations will be labelled either category 1 or category 2 depending on their nature, with landlord’s consent (not to be unreasonably withheld) being needed for category 2. What will and will not be in the categories will be confirmed in regulations.

Anti-discrimination provisions

The Renters’ Rights Act makes it illegal to discriminate against families with children and those receiving benefits when it comes to choosing residential tenants in Scotland, England and Wales. Those found guilty of committing the offence may be fined. The provisions do not prohibit landlords taking a potential tenant's income into account when considering whether that person would be able to afford to pay rent.

When do the changes take effect?

The Housing (Scotland) Act will be implemented in stages. The Scottish Ministers must consent to the creation of any rent control areas. Local authorities in Scotland must report to the Scottish Ministers on rent conditions in their area by the end of May 2027 and so rent controls will not apply anywhere in Scotland until summer 2027 at the earliest.

The implementation of the Renters’ Rights Act will also be phased. The provisions introducing the new APTs and the rules which apply to them will become effective on 1 May 2026. On that date, existing ASTs will become APTs, and landlords will be unable to grant a new AST.

And there’s more

This is a very short summary of the changes to come and the resulting similarities and differences between private residential tenancies in Scotland when compared to those in England. Please get in touch with your usual Brodies contact if you would like more detailed information or advice on a specific matter.