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Cost of Living & Protecting Tenants (September 2023 update)
Nearly 12 months have passed since my article on The Cost of Living (Tenant Protection) (Scotland) Bill 2022 and I’m sorry to say that it looks like there is no let up for landlords.
The Cost of Living (Tenant Protection) (Scotland) Act 2022 was introduced in response to the ‘cost of living crisis’ and its aim was to protect tenants, whilst putting safeguards in place for landlords.
The details of the 2022 Act can be found in my Article of 17th October 2022. In short, the Act does three things:
- Introduces a rent cap;
- Places a moratorium on evictions; and
- Increases the level of damages that can be awarded against landlords for unlawful eviction.
Originally, the emergency legislation was due to expire on 31st March 2023, but the Scottish Government built in a mechanism whereby that expiry date could be extended. In March 2023, the expiry date was extended to September 2023 and just this week, the Scottish Parliament have voted for a further and final extension, meaning that the measures introduced will remain in place until March 2024 at the latest.
The Tenants’ Rights Minister Patrick Harvie has said:
“It’s almost a year since we first introduced these measures to support tenants and the cost of living crisis is still very much with us. While essential costs for households remain high, these measures ensure the majority of tenants have much-needed stability in their rental payments while they keep the same tenancy […] This is the final time these measures can be extended. We will continue to keep them under review to make sure they are justified and proportionate based on the pressures both tenants and landlords are experiencing.”
Although the measures contained within the 2022 Act will expire on 31st March 2024, Mr Harvie has indicated an intention to “introduce a Housing Bill to deliver a New Deal for Tenants, including the introduction of long-term rent controls for the private rented sector.”
It looks like the law in this area will continue to evolve in the coming months, so we will just have to wait and see how things progress.
If you would like more information about our Landlord-Tenant services, please do not hesitate to contact our Litigation Department on 01224 332400 or by email. We will always aim to provide clear and understandable advice, taking account of the economic factors and risks involved in any litigation.
