Know your rights on renting homes
RENFREWSHIRE CITIZENS ADVICE BUREAU ANSWERS YOUR QUESTIONS
I am a private tenant and heard the rent cap is ending? Is anything replacing it or can my landlord increase my rent massively?
You have heard right: the temporary rent cap introduced by the Scottish government will end on March 31, 2024.
This currently allows rent to be raised by three per cent (or up to six per cent if a landlord applies to ‘Rent Service Scotland’ and they agree that this is a reasonable increase).
Any rent increase notice sent on or before March 31, 2024, falls under the current rent cap, even if the start date for the increase after that date.
So, if your landlord serves you with a notice on March 25, then the current rules will still apply.
New rules for adjudicating rent increases are expected to come into force from April 1, 2024. Tenants who receive a rent increase notice can challenge it by applying to Rent Service Scotland or the First-tier Tribunal (housing and property chamber) where appropriate.
The rent will be decided based on the lowest of:
The open market rate;
The rent requested by the landlord;
A taper based on the difference between the market rate and current rent.
You can use the rent calculator on https://rentcalculator.service.gov.scot/ to work out how much rent you could be charged under the new system.
However, while this is useful as a guide, the open market rate can vary from place to place and you should bear in mind that the actual amount will be set through the formal rent adjudication process.
These are supposed to be temporary measures, but will likely be in place until at least March 31, 2025.
I am a private tenant, I have stayed in my property since 2019 and my landlord raised the rent in September 2023 by three per cent. They have sent a WhatsApp on March 10 saying my rent is to go on May 1 from £650 to £900. Can they do this?
If you moved in to your property in 2019 you should have a Private Residential Tenancy (PRT) agreement.
Your landlord can increase the rent any time in the first year of your tenancy.
After that, they can only increase it once every 12 months.
In your case, if your landlord raised the rent in September, they must wait until 12 months has passed before raising it again.
The rules say that they must give you a formal rent increase notice with at least three months’ notice.
A WhatsApp message is not adequate and neither is the notice (time) you have been given.
Any rent increase notice sent on or before March 31, 2024 is subject to the rules of the current rent cap, even if the start date for the increase is later.
So, this means the landlord cannot put the rent up by the stated amount at this time.
Your landlord must serve you a proper notice and this must reflect the rent rules in place at the time.
If you feel like your landlord isn’t listening to you and you need further help to challenge the rent increase, you can phone the Citizens Advice Bureau in Renfrewshire on 0141 889 2121.