The Housing (Scotland) Act 2025 significantly increases WTO penalties and changes tenancy succession from 6 October 2026. Here is what every Scottish landlord needs to know and do now.
The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025 and is being implemented in phases. It amends the Private Housing (Tenancies) (Scotland) Act 2016 โ the core legislation governing all Scottish private residential tenancies. Scottish landlords have until October 2026 to prepare for the most significant changes.
The most financially significant change takes effect on 6 October 2026. The penalty scale for Wrongful Termination Orders (WTOs) is dramatically increased.
A WTO is issued by the First-tier Tribunal for Scotland (Housing and Property Chamber) when it finds that a landlord misled a tenant into leaving by citing a possession ground that did not genuinely apply. The most common scenarios:
The tribunal does not need to prove deliberate fraud โ it is enough to show the ground did not genuinely apply at the time the notice was served. Landlords who cite Grounds 1โ9 must be able to demonstrate genuine intention with supporting evidence.
From 6 October 2026, the qualifying period for a family member, partner, or carer to succeed a Private Residential Tenancy on the death of a tenant reduces from 12 months to 6 months.
A successor must have been living in the property as their only or main home throughout the qualifying period immediately before the tenant’s death. This applies to deaths occurring on or after 6 October 2026. For deaths before that date, the 12-month qualifying period applies.
Practical implication: landlords should be aware that family members who have lived in a property for 6 or more months may have succession rights on the death of the named tenant. An early conversation with a solicitor is advisable where a tenant’s health is deteriorating.
From 1 April 2027, three changes affect the rent increase process for Scottish Private Residential Tenancies:
Currently, a tenant has 21 days from receiving a rent increase notice to refer it to Rent Service Scotland. From 1 April 2027, this extends to 30 days. Landlords should note that the new rent will not take effect until the referral window has closed without a challenge, or a determination has been made.
Currently, there is a theoretical risk that a rent officer could determine the open market rent is higher than the landlord proposed. From 1 April 2027, the rent officer and First-tier Tribunal are explicitly prevented from setting a rent above the figure the landlord originally proposed. This makes referring a proposed increase less risky for tenants โ but also means landlords cannot inadvertently trigger a rent increase above their own proposal.
From 1 April 2027, a single joint tenant will be able to serve notice to end the tenancy for all joint tenants. Previously, all joint tenants had to serve notice jointly. This is a significant change for HMO landlords and shared house lettings โ one tenant leaving can trigger the end of the whole tenancy.
The Housing (Scotland) Act 2025 extends Awaab’s Law to private rented properties in Scotland. Originally introduced for social housing in England, Awaab’s Law requires landlords to investigate and resolve damp and mould hazards within legally binding timeframes. The commencement date for private landlords in Scotland has not yet been confirmed โ expected in 2026.
The core structure of the Scottish Private Residential Tenancy is unchanged. The 18 statutory eviction grounds, the First-tier Tribunal process, mandatory landlord registration, the 3-month rent increase notice period, and the 2-month deposit cap all remain in place. The RRA 2025 โ which abolished Section 21 in England โ does not apply in Scotland and never has.
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