Rent increases (Scotland)

As explained above, the rent cap applies to most people with private tenancies that started on or after 2 January 1989. If the cap applies to you, rents can only go up mid-contract if:

• The increase is 3% or less for most – though some landlords can raise rents by up to 6% – see below for the rules on 3%+ rises.
  
  
• Your rent has not increased in the past 12 months in your current tenancy. So if you've already had one increase, your rent can't go up again in the same 12-month period. However, this does not apply if you moved and your rent increased from your previous tenancy.
  
  
• You have been given the correct amount of notice. This is three months if your tenancy started on or after 1 December 2017. For tenancies that started on or between 2 January 1989 and 30 November 2017, the notice period is between one and six months depending on the length of the fixed term – see Shelter Scotland for more information on rent increase notices.
  
  
• You have given your landlord written permission if your tenancy started on or between 2 January 1989 and 30 November 2017. This isn't needed for contracts started on or after 1 December 2017. 

Rent increases of more than 3%

To increase the rent by more than 3% while the rent cap is in place, your landlord will need to apply to Rent Service Scotland and let you know in writing that they have made this application.

Your landlord will have to prove to Rent Service Scotland that there has been an increase in certain costs associated with the property, such as the interest on their mortgage or their insurance. The rent can be increased to cover 50% of these increased costs, but the rise can't be more than 6% of the current rent.

Rent Service Scotland will let you know if it agrees to the rent increase. You won't have to pay the increase until at least three months after the date of the application.

If you disagree with the outcome of the application, you can appeal to the First-tier Tribunal for Scotland. You won't have to pay the increase until the Tribunal comes to a decision.

It's worth noting that your landlord can't proactively increase your rent by more than 3% ahead of the rent cap ending — for example, they can't send you a rent increase notice with a 5% increase on 1 September to be paid from 1 December.

Even if your rent is being put up lawfully, you are NOT powerless. Here are the steps you can take if you're facing a rent increase:

1. Know your rights. Hopefully this guide has given you an idea of whether your rent increase is allowed in the first place.
   
   If you're worried about eviction, there is an eviction ban in place until at least 30 September 2023. This does not mean that evictions have stopped — your landlord can still send you a valid eviction notice or get an eviction order from a court or tribunal, but for certain eviction grounds they cannot make you leave for six months. Even during the ban, you should try to negotiate with your landlord where possible to avoid being served an eviction notice.
   
   For exceptions to the eviction ban, see Shelter for more info.
   
   
2. Negotiate. Try to talk to your landlord and see if you can reach an agreement for a lower (or no) increase. After all, evicting you and getting a new tenant in would be a hassle and could cost your landlord fees if they use an agent. If you've been a good tenant (paying the rent on time and taking good care of the property), emphasise that point in the discussion.
   
   If you can't get the increase waived or lowered, you could instead try asking for some of the extra money to be put towards improvements to the property – a more efficient boiler or new carpets, say. Or you could take the opportunity to ask if you can keep a pet.
   
   
3. Get one-on-one help. This is especially important if you're struggling or feeling pressured into paying more. See below.