Social Rent Notifications
Social rent notifications can be issued from February 26th onwards. Separate conditions apply to MMR.
As we communicated in January, legislation to end the social rent cap was laid in Parliament on 19 January to expire the rent cap provisions for the social sector on 26 February. Rent notices can therefore be issued from 26 February. Crucially, following SFHA’s lobbying regarding the start date, this timescale will allow those with rent cycles that start earlier than April 1 to give the full required notice period.
Mid Market Rent
The current 0% cap on private rented sector rents - which also includes Mid Market Rent properties owned by RSLs and their subsidiaries – is expected to be lifted from April 1 to allow a 3% increase within tenancies, subject to parliamentary approval. Until the proposal is put before parliament, we do not yet know the details of when notices for MMR can be issued. This is one of a number of clarifications we have been seeking from government in relation to MMR tenancies. We will issue a further update to members when new information is available.
Evictions ban
The ban on evictions for both the social and private rented sector will remain in place. This will be in place for a further six-month period, until 30 September 2023, ‘provided it remains necessary and proportionate’.
The ban does not prohibit landlords from serving notices to terminate tenancies, and it also does not prohibit landlords from raising proceedings for eviction. It does not prohibit the First-tier Tribunal from granting an eviction order. However, the ban prohibits landlords from being able to action an eviction order to carry out an eviction.
There are exemptions to the ban which are as follows:
- anti-social or criminal activity
- where a tenant has over £2,250 rent arrears.
- the landlord requires a tenant to leave the property to allow for significant improvement works or
- demolition and alternative accommodation will be provided.
General information
The Scottish Government also confirmed their intention to bring forward a Housing Bill this year.
Full details on the early expiration of the current legislation, can be found here: The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023 (legislation.gov.uk)