SSI 2026/115 sets four commencement dates for the Housing (Scotland) Act 2025, activating the rent control framework from 1 April 2026, with further provisions on pets, succession, wrongful termination penalties, and letting agent registration phased through to 1 April 2027.
The Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026 (SSI 2026/115) bring into force a number of the provisions of the Housing (Scotland) Act 2025 on 1 April 2026, 1 August 2026, 6 October 2026, and 1 April 2027. This is the most significant commencement order yet made under the 2025 Act and sets the timetable for Scotland's new rent control regime and enhanced tenant rights.
From 1 April 2026, the rent control framework came into force, including requirements for local authorities to undertake rent condition assessments by May 2027 and measures allowing the government to regulate in future to implement rent control areas. From this date, local authorities and the government can require landlords to disclose how much rent their tenants pay, as part of data-collecting powers within the rent control legislation. However, rent control areas will not be proposed or implemented until some time after May 2027. For the time being, landlords can continue to raise the rent to market value when setting up a new tenancy and doing a mid-tenancy rent increase.
From 1 August 2026, a new provision will be inserted into the Housing (Scotland) Act 2001 to include in every Scottish Secure Tenancy Agreement a tenant's right to keep a pet with the written permission of the landlord, which must not be unreasonably withheld. The requirement to seek permission may be removed by the landlord. The landlord must intimate its consent or refusal, any conditions imposed, and in the case of refusal the reasons for the refusal, to the tenant in writing within one month of the application being received. If there is a failure to comply, it will be taken that the landlord has consented. From 6 October 2026, wrongful termination order fines will increase to a range of 3 to 36 months' rent, and the tenancy succession qualifying period will reduce to 6 months for private residential tenancies where the death occurs on or after that date. Landlords and agents should review their internal policies and procedures well in advance of each commencement date.
Action required
Scottish private landlords and agents should note data disclosure obligations that are now active, prepare for the pet permission regime commencing 1 August 2026, and monitor for rent control area designations following local authority assessments due by May 2027.
Effective
2026-04-01
This content is for general informational purposes only and does not constitute legal, financial, or professional advice. Always verify information against the original source and seek independent professional guidance before acting on any regulatory matter.