Scotland introduces temporary private rent freeze and eviction ban

The Scottish Government announced a temporary rent cap and ban on evictions for most tenants, taking effect from 6 September 2022¹. The measure was set out in the Scottish Programme for Government 2022 to 2023 and introduced a temporary private rent freeze and an eviction ban for private tenants in Scotland until March 2023⁵.

The cap was initially set at 0 per cent, meaning that in most cases a landlord could not ask for an increase until 1 April 2023³. It was then due to rise to 3 per cent from 1 April 2023³. The cap was described as variable, so it could be increased, and in most cases was currently set at 3 per cent¹.

The rent cap and eviction ban applied to tenants renting from a private landlord, letting agent, housing association or council¹. Some tenancy types were not covered, such as a tenancy that started before 1989, called a regulated tenancy, or a lodger agreement where the tenant lives with the landlord³. There were also cases where rent could still increase, for example if a landlord needed to cover an increase in costs relating to the property, such as higher mortgage interest payments, insurance premiums or service charges². Where a landlord could apply for an increase, the tenant should only pay 50 per cent of the landlord's increased costs up to a maximum of 3 per cent of the current rent, rising to a maximum of 6 per cent from 1 April 2023³.

On evictions, a landlord could still apply to the court or tribunal, but in most cases could not evict until the ban ended¹. Exceptions included eviction granted on existing grounds of antisocial behaviour, criminality or an empty property; a landlord needing to sell or live in the property because of financial difficulty; living with the landlord; private rent arrears of 6 months or more; social tenancy arrears of £2,250 or more; and council demolition or renovation³. One source gives the social tenancy arrears threshold as £2,350 or more².

Why it matters for households

The cap and ban covered most tenants in Scotland from 6 September 2022, limiting rent increases and delaying most evictions while they were in force¹. For private tenants, the cap began at 0 per cent, so in most cases rent could not rise before 1 April 2023, after which the cap was set to increase to 3 per cent³. Tenants whose rent was increased after 6 September 2022, or who were threatened with eviction, were directed to Shelter Scotland². Separate cost of living support covered council tax in Scotland, where Council Tax Support can help someone on low income pay their bill, with eligibility depending on council criteria¹. In Scotland, water is usually paid through the council tax bill, or to Scottish Water where there is a water meter¹.

What happens next

The eviction ban and rent cap ended on 31 March 2024³. One source states the cap and ban would last until at least 31 March 2024¹, while another states most tenants should not have their rent increased or be evicted until at least 31 March 2023². The Scottish Government's programme set the private rent freeze and eviction ban until March 2023⁵.