Can Your Rent Be Increased When Changing Rooms in Scotland?

When you move from one room to another within your rented property in Scotland, you might wonder if your landlord can increase your rent. With renter protections under Scottish law, it’s important to know when and how rent increases are allowed—especially if you’re changing rooms in a shared flat or HMO.

Room Changes and Rent Increases: The Basics

If you swap rooms or move into a different room in the same rented property, your rights and your landlord’s ability to change your rent depend on:

• The type of tenancy agreement you have
• Whether you’re signing a new tenancy or simply amending the existing one
• Your landlord following the correct legal process

In most cases, landlords cannot unilaterally increase your rent just because you change rooms, unless there are specific provisions in your tenancy agreement or you agree to a new contract with a different rent.

Your Tenancy Agreement: What Does It Say?

Under the Private Housing (Tenancies) (Scotland) Act 2016, most private renters in Scotland have a Private Residential Tenancy (PRT). This provides clear rules for rent increases and changes to your tenancy:

• Minor room changes: If your tenancy continues and only your room changes, your landlord usually cannot increase the rent outside of standard rent review times.
• New tenancy agreement: If you end one tenancy and sign a new one (for example, if a new flatmate lease is created), the landlord can set a new rent amount.

Always check your written tenancy agreement to see if it mentions how room swaps are handled. If you’re staying in the same property under the same agreement, there should be no automatic rent increase just for moving rooms.

How and When Can Rent Be Increased?

For most tenants in Scotland, rent can only be increased:

• Once every 12 months
• With at least three months’ written notice
• Using the official Notice to Increase Rent Form (see below)

Your landlord must use the ‘Rent Increase Notice to Tenant(s) (PRT)’ form and serve it to you in writing.

Official Form: Rent Increase Notice to Tenant (PRT)

• Form Name: Rent Increase Notice to Tenant(s) (PRT)
• Official Link: Private Residential Tenancies: Rent Increase Notice
• When Used: Landlords must use this form to legally increase rent under a Private Residential Tenancy. For example, if you move rooms but remain under the same tenancy, the landlord can only raise rent after giving you this notice, at the appropriate time.

If your landlord gives you less notice, uses the wrong form, or tries to raise rent more than once a year, the increase is not valid under the law.

What If You Disagree With a Rent Increase?

If you feel a proposed rent increase is unfair or above local market rates, you can challenge it.

• Respond in writing to your landlord stating you do not agree to the proposed increase
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to set a fair rent

You must apply within 21 days of receiving a Rent Increase Notice.

How to Challenge a Rent Increase: Key Steps

1. When you receive a rent increase notice, review that the form is correct and you have at least 3 months’ notice.
2. If you disagree, complete the rent determination application for the First-tier Tribunal for Scotland.
3. Submit the application and evidence (such as evidence of local market rents) within 21 days of notice receipt.
4. The tribunal will assess if the proposed rent increase is fair based on current local market rents.

This process gives you a chance to keep your rent fair if you believe the increase is more than what similar local properties cost.

Special Case: New Tenancy Agreement

If you and your landlord agree to end the current tenancy and sign a new one (for example, you take over a different room with a brand-new contract), the landlord can set a different rent. Make sure you understand your rights before agreeing, and don’t feel pressured to sign a new agreement if you’re happy with your current terms.

Summary of Scottish Rent Increase Laws

• You are usually protected from sudden rent increases just for moving rooms within your existing tenancy
• Your landlord must follow set legal procedures — including the official notice
• In case of a new tenancy agreement, the landlord can set a new rent

FAQ: Moving Rooms and Rent Increases in Scotland

1. Can my landlord increase the rent just because I swap rooms?
   No, not if you remain under the same tenancy agreement. Rent can only be raised once a year, with at least 3 months' official notice, using the correct form.
2. Does moving to a larger or better room mean rent must go up?
   Not automatically. Unless your agreement says so, changing rooms within an ongoing tenancy does not justify a rent increase outside of the annual review process.
3. What if my landlord asks me to sign a new tenancy when I change rooms?
   If you end your current agreement and sign a new one, the landlord can set a different rent. Make sure you understand and are comfortable with the new contract before signing.
4. How much notice is required for a rent increase in Scotland?
   At least three months’ written notice must be given using the official Rent Increase Notice to Tenant (PRT) form.
5. Can I challenge a rent increase that I think is too high?
   Yes. You can apply to the First-tier Tribunal for Scotland for a decision within 21 days of receiving the notice.

Conclusion: Know Your Rights When Moving Rooms

• Rent increases after changing rooms are not automatic in Scotland; your landlord must follow the legal process
• If asked to sign a new tenancy agreement, be aware your rent could change
• Use the tribunal system if you believe a rent increase is excessive or not done by the rules

Being informed empowers you to confidently discuss room changes and any proposed rent adjustments with your landlord.

Need Help? Resources for Renters

• Scottish Government: Your Tenancy Rights
• Private Residential Tenancies: A Guide for Tenants
• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles rent disputes and tenancy issues
• Shelter Scotland – get free legal advice and support
• Citizens Advice Scotland: Renting Privately

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1. Private Housing (Tenancies) (Scotland) Act 2016 (legislation.gov.uk)
2. Private Residential Tenancies: A Guide for Tenants (gov.scot)
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. mygov.scot: Rent increases for private tenants

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