- advertisement
includes any form of advertising whether— (a) to the public generally, (b) to any section of the public, or (c) individually to selected persons, • “assured tenancy” means an assured tenancy under the Housing (Scotland) Act 1988, • “consumer prices index” means— (a) the all items consumer prices index published by the Statistics Board, or (b) if that index is not published for a month, any substituted index or figures published by the Board, • “exempt property” has the meaning given by section 17D(1), • “relevant rent increase”, in relation to the advertised property, means— (a) an increase in the amount payable in rent under a private residential tenancy or an assured tenanc
- assessment of rent conditions
means an assessment of the matters mentioned in subsection (1)(a), • “relevant tenancy” means a private residential tenancy, or an assured tenancy under the Housing (Scotland) Act 1988.
- assured tenancy
means an assured tenancy under the Housing (Scotland) Act 1988, • “consumer prices index” means— (a) the all items consumer prices index published by the Statistics Board, or (b) if that index is not published for a month, any substituted index or figures published by the Board, • “exempt property” has the meaning given by section 17D(1), • “relevant rent increase”, in relation to the advertised property, means— (a) an increase in the amount payable in rent under a private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the advertised property (“a relevant tenancy”), (b) a setting of the amount payable in rent at the sta
- authorised person
means a person authorised by the Scottish Ministers, • “premises” includes any place and any vehicle, vessel, or moveable structure. 14C 1 A sheriff may by warrant authorise a person to enter premises (if necessary using reasonable force) for the purpose of carrying out an inspection under section 14B. 2 A warrant may be granted under subsection (1) only if the sheriff is satisfied by evidence on oath— a that there are reasonable grounds for entering the premises in question, and b that— i entry to the premises has been or is likely to be refused and that notice of the intention to apply for a warrant under this section has been given to the occupier, ii a request for ent
- base rent
means the amount of rent that would have been payable from the start of the current tenancy had the rent been set in accordance with section 43G(2) or (3) (as the case may be), • “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the First-tier Tribunal not been made under section 43S(1), • “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy. 43U 1 This section applies where–– a the rent payable under a current tenancy has been changed by an order made under— i section 43O(2) or (3), ii section 43R(2) or (3), or iii section 4
- class of self-catering holiday accommodation
means the class of lands and heritages described as self-catering holiday accommodation that is prescribed as such by regulations under section 72(4) of the Local Government Finance Act 1992.
- communication
includes electronic communications sent to or placed on a web page on a website by or on behalf of the registered property factor.”
- consumer prices index
means— (a) the all items consumer prices index published by the Statistics Board, or (b) if that index is not published for a month, any substituted index or figures published by the Board;”
- domestic abuse
means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act).”
- exempt property
has the meaning given by section 17D(1).”
- First-tier Tribunal
means the First-tier Tribunal for Scotland, • “private residential tenancy” means a private residential tenancy under the 2016 Act.
- occupancy arrangement
has the meaning given by section 101(1) of that Act, • “relevant information”, in relation to a house mentioned in subsection (1), means information specified in regulations made under that subsection— (a) relating to the address, type and size of the house, (b) about the type of tenancy or occupancy arrangement to which the house (or part of it) is subject, (c) about any furnishings provided under the tenancy, (d) about the amount and frequency of rent payable under any relevant tenancy to which the house (or part of it) is subject, (e) about any costs associated with the house that are included as part of the rent payable, or (f) about the most recent increase in the rent payable under any relevant tenancy to which the house (or part of it) is subject, • “relevant person”, in relation to a house mentioned in subsection (1), means— (a) the person whose entry in the local authority’s landlord register includes information relating to the house, or (b) any other person acting as landlord under a tenancy or occupancy arrangement granted by that person to which the house (or part of it) is subject, • “relevant tenancy” has the meaning given by section 1(5) of t
- order maker
means— (a) in the case of the making of an order under section 43O(2) or (3), the rent officer, (b) in the case of the making of an order under section 43R(2) or (3), another rent officer, (c) in the case of the making of an order under section 43T(2)(b) or (4)(a) or (b), the First-tier Tribunal, • “the rent-increase notice” means the rent-increase notice that, as the case may be— (a) prompted the referral to the rent officer, (b) led to the request for review by another rent officer, or (c) led to the application to the First-tier Tribunal. 43W 1 The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribun
- original effective date
means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2), • “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy. 43P 1 A rent officer may, within 14 days of making an order under section 43O(2) or (3), remake the order for the purpose of curing an error in the original order made under that subsection. 2 The effective date of the remade order is to be specified in accordance with subsection (2) or (3) of section 43O as though it were an order made under either of those subsections. 3 Where an
- payment date
means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy. 43P 1 A rent officer may, within 14 days of making an order under section 43O(2) or (3), remake the order for the purpose of curing an error in the original order made under that subsection. 2 The effective date of the remade order is to be specified in accordance with subsection (2) or (3) of section 43O as though it were an order made under either of those subsections. 3 Where an order is remade under this section— a the original order is of no effect, b other than in subsection (1), references in this Part to an order made under section 43O(2) or (3) are to be read as
- permitted rate
means the lower of— a CPI% plus one percentage point (but see subsection (3)), and b 6%. 2 In this section— • “consumer prices index” means— (a) the all items consumer prices index published by the Statistics Board, or (b) if that index is not published for a month, any substituted index or figures published by the Board, • “CPI%” means the percentage increase or decrease (rounded to the nearest 0.1%) in the consumer prices index, calculated by reference only to— (a) the latest index, and (b) the index published for the month which was 12 months before that to which the latest index relates, • “the latest index”— (a) in a case of setting the initial rent under the current te
- pet
means an animal kept by a person mainly for— (a) personal interest (including as regards its welfare, treatment or training), (b) companionship, (c) ornamental purposes, (d) any combination of paragraphs (a) to (c). 64B 1 A request by a tenant for the landlord’s consent under section 64A(1) to keep a pet must— a be in writing, and b fulfil any other requirements prescribed by the Scottish Ministers in regulations. 2 The landlord must, within a period of 30 days beginning with the day on which the request is received, give the tenant notice that the landlord— a consents to the tenant keeping the pet at the let property with or without conditions, or b refuses to consent to this. 3 The l
- premises
includes any place and any vehicle, vessel, or moveable structure. 14C 1 A sheriff may by warrant authorise a person to enter premises (if necessary using reasonable force) for the purpose of carrying out an inspection under section 14B. 2 A warrant may be granted under subsection (1) only if the sheriff is satisfied by evidence on oath— a that there are reasonable grounds for entering the premises in question, and b that— i entry to the premises has been or is likely to be refused and that notice of the intention to apply for a warrant under this section has been given to the occupier, ii a request for entry, or the giving of such notice, would defeat the object of the proposed e
- prescribed
means prescribed by the Scottish Ministers in regulations. 43O 1 Where a rent officer receives a referral under section 43N(2), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate. 2 If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the tenancy is the rent specifie
- private residential tenancy
means a private residential tenancy under the 2016 Act.
- relevant body
means— (a) a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978, (b) an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014, (c) a local authority, (d) the Police Service of Scotland, (e) a registered social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010), (f) the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to— (a) prisons and young offenders institutions (as construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995), and (b
- relevant enactment
means an enactment, other than an order made under paragraph 8(2), that has come into force since the last review date.”
- relevant guidance
means—
- relevant information
means— a information provided by a registered letting agent under section 30(2)(a) to (e) or, as the case may be, this section, b such of the information provided by virtue of section 30(2)(f) as the Scottish Ministers may by regulations prescribe, c information provided by a registered letting agent in accordance with a notice served under section 52(1).”
- relevant sum
means— (a) the amount of one month’s rent payable under the tenancy, or (b) £840 if that is a higher amount,”
- relevant tenancy
means a private residential tenancy, or an assured tenancy under the Housing (Scotland) Act 1988.
- rent control area
means an area that is designated as a rent control area by regulations under section 9(1) of the 2025 Act,”
- specified property
means a property— (a) that is not an exempt property (within the meaning given by section 17D(1) of the 2016 Act), and (b) that is defined in regulations under subsection (1) by reference to such matters (or a combination of matters) as the Scottish Ministers consider appropriate including, in particular— (a) a description of the circumstances relating to the landlord of the property, (b) a description of the circumstances relating to the tenant of the property, (c) a description of the property according to its type.
- student
has the meaning given in paragraph 5 of schedule 1 of the 2016 Act, • “student residential tenancy” means a tenancy— (a) the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and (b) to which sub-paragraph (2) or (3) of paragraph 5 of schedule 1 of the 2016 Act (tenancies which cannot be private residential tenancies) applies, • “tenancy” includes sub-tenancy, • “tenant” includes sub-tenant.
- tenancy
includes a sub-tenancy.
- tenant
includes sub-tenant.
- the 2016 Act
means the Private Housing (Tenancies) (Scotland) Act 2016, • “First-tier Tribunal” means the First-tier Tribunal for Scotland, • “private residential tenancy” means a private residential tenancy under the 2016 Act.
- the 2025 Act
means the Housing (Scotland) Act 2025,”
- the minimum notice period
means the period that— a begins on the day the notice is received by the tenant, and b ends on the day falling— i three months after it began, or ii whatever longer period after it began as the landlord and tenant have agreed between them. 7 In subsection (6), the reference to a period of three months is to a period that ends in the month that falls three months after the month in which it began, either— a on the same day of the month as it began, or b if the month in which the period ends has no such day, on the final day of that month. 43M 1 This section does not apply in relation to a current tenancy if the permitted rate is 0%. 2 Anything specified in a rent-i
- the rent-increase notice
means the rent-increase notice that, as the case may be— (a) prompted the referral to the rent officer, (b) led to the request for review by another rent officer, or (c) led to the application to the First-tier Tribunal. 43W 1 The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribunal to make an order requiring a landlord to whom subsection (2) applies to pay— a a financial penalty, or b a compensation payment to the tenant in question. 2 This subsection applies to a landlord against whom any of the following orders has been made— a an order of a rent officer made under section 43O(3), b an
- the review period
means the period of 5 years beginning with the day of Royal Assent.