How to Respond to an Illegal Rent Increase in Scotland

Facing an unexpected rent increase in Scotland can be stressful, especially if it seems unfair or doesn't follow the proper rules. This guide explains how renters in Scotland are protected from illegal rent increases, how the law works, and practical steps you can take if you believe your rent rise is unlawful. All information is current and based on official Scottish government resources, so you can act confidently to protect your rights as a tenant.

Understanding Rent Increases in Scotland

Most private tenants in Scotland have a 'Private Residential Tenancy' (PRT) agreement, which provides specific rights around rent increases. Landlords must follow set procedures under the Private Housing (Tenancies) (Scotland) Act 2016.^[1]

• Your landlord can usually only increase your rent once every 12 months.
• They must give you at least 3 months’ written notice before the increase takes effect.
• Official notice must be served using the correct form (see below).

Flexible rules were in place during the recent cost-of-living emergency, but from 1 April 2024, landlords may increase rent again subject to standard protections.^[2]

What Counts as an Illegal Rent Increase?

A rent increase is illegal if your landlord:

• Increases rent more than once in 12 months
• Does not provide at least 3 months’ written notice
• Fails to use the official rent-increase notice form
• Announces a rent increase during a ‘rent cap’ period (if active)

If you believe any of these apply, you may be able to challenge the increase.

Your Rights and Action Steps

If you receive an unexpected or suspicious rent increase, here's what to do:

1. Check the Notice

• Ask: Did your landlord use the official Rent Increase Notice to Tenant(s) (Form RR1)?
• Review the notice to confirm you've been given 3 months' warning and that a full year has passed since your last increase.

The Scottish Government guide for landlords publishes full details and downloadable forms.

Official Form: Rent Increase Notice (Form RR1)

• Form name: Rent Increase Notice to Tenant(s) – Form RR1
• When it's used: Landlords must use RR1 to formally propose a rent increase for Private Residential Tenancies.
• How to use: Landlord serves you the RR1 with at least 3 months' notice before the new rent starts. If you don’t receive an RR1, or the notice period is too short, the increase is invalid.
• Download Form RR1 from the Scottish Government

2. Challenge the Increase

If you think the proposed new rent is unfair or the process wasn’t followed:

• You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a decision. This is the official tribunal for Scottish private tenancies.
• Complete the Tenant's Application: Proposed Rent Increase (no set form number).
• Find the application details and forms on the official Tribunal website.

Example: Your landlord sends a text message about a rent increase next month. This is not valid. You can refuse the increase and apply to the Tribunal if pressured.

What Happens at the Tribunal?

• The First-tier Tribunal for Scotland (Housing and Property Chamber) reviews your application.
• They may set an open-market rent, which could be higher or lower. They will not backdate unjustified increases.
• Both renter and landlord get to submit evidence and be heard.

It's free for renters to apply to the Tribunal for this process.

FAQ: Rent Increases and Your Rights in Scotland

1. How often can my landlord increase my rent?
   For most tenants with a Private Residential Tenancy, your landlord can only increase rent once every 12 months and must give you at least 3 months’ notice using the correct form.
2. What if my landlord didn’t use the RR1 form?
   If you weren’t served an official RR1 form or the notice isn’t 3 months, the increase is not valid. You can refuse the new rent and seek advice or apply to the Tribunal.
3. Can I be evicted for challenging a rent increase?
   No, it is illegal for your landlord to evict you just because you challenge a rent increase. Evictions must follow strict legal grounds and notice periods.
4. How do I apply to the Housing and Property Chamber?
   After receiving the RR1 notice, submit an application using the process on the official Tribunal website within 21 days if you wish to challenge the increase.

Key Takeaways

• Landlords in Scotland must follow set rules and forms when raising rent.
• You have a legal right to challenge invalid or unfair rent increases through the Housing and Property Chamber.
• Use official forms and act promptly to protect your tenancy rights.

Need Help? Resources for Renters in Scotland

• mygov.scot: Rent Increases explained
• Scottish Government: All tenancy forms and prescribed notices
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Free housing advice
• Citizens Advice Scotland: Private renting help

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016 - full text
2. [2] Cost of Living (Tenant Protection) (Scotland) Act 2022 - updates and guidance

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