An update on the Housing (Scotland) Act 2025

Following the approval of the latest Housing Act by parliament last year, we’re now starting to see more clarity around when some of the proposed measures will come into force.

While many of the headline changes are still some way off, there are several important dates that landlords should be aware of - particularly across 2026 and 2027. Understanding what’s coming (and what isn’t changing just yet) is key to staying compliant and planning ahead.

April 2026: Rent control framework begins

From 1 April 2026, the framework for rent control will officially come into force.

This doesn’t mean rent controls will apply immediately, but it does mark the beginning of the process. Local authorities will be required to carry out rent condition assessments by May 2027, which will help inform whether rent control areas should be introduced in the future.

Importantly, from this date:

• Local authorities and the government will have powers to request data from landlords on the rent their tenants are paying
• This is part of a wider evidence-gathering exercise to support potential rent regulation

For now, there is no immediate restriction on rent setting. Landlords can still:

• Set rents at market value for new tenancies
• Increase rent during a tenancy in line with current rules

Rent control areas are unlikely to be introduced until after May 2027, so there is still time before any direct impact is felt.

October 2026: Changes to wrongful termination orders

From 6 October 2026, there will be a significant increase in penalties linked to wrongful termination orders (WTOs).

A WTO can be issued if a tenant is found to have been misled into leaving a property based on an eviction ground that didn’t apply.

Currently, fines range from 0 to 6 months’ rent. Under the new rules, this will increase to 3 to 36 months’ rent for tenants who leave on or after this date.

It’s worth noting:

• WTO cases are relatively rare
• In most cases, tribunals do not find that landlords have acted improperly

However, this change does underline the importance of ensuring that all eviction grounds are used correctly and evidenced appropriately.

Alongside this, there will also be a change to tenancy succession rules:

• The qualifying period for a partner, family member or carer to inherit a tenancy will reduce from 12 months to 6 months
• This will apply where a tenant passes away on or after 6 October 2026

Again, this is expected to affect only a small number of cases.

April 2027: Rent challenges and joint tenancies

From 1 April 2027, further updates will come into force, including:

• Extended timeframe for rent challenges: tenants will have 30 days (up from 21) to apply to a rent officer if they wish to challenge an increase
• Cap on rent officer decisions: rent officers will no longer be able to set a rent higher than what the landlord has proposed - even if market value is higher

There will also be a notable change to joint tenancies:

• One tenant will be able to end the tenancy on behalf of all tenants
• This reverses the current requirement for all tenants to agree

Further guidance on how this will work in practice is expected closer to the time.

What’s still to come?

There are several other changes in the pipeline where implementation dates are still to be announced. These include rules to prevent landlords from unreasonably refusing pets or tenant personalisation requests, restrictions on raising rent within the first 12 months of a tenancy, and the government’s power to convert older tenancy types into Private Residential Tenancies (PRTs).

While these measures aren’t immediate, it’s worth keeping an eye on further updates as they could affect how you manage your properties in the future.

How ESPC Lettings can help

With so many changes coming, it can be tricky to stay on top of your responsibilities as a landlord. That’s where ESPC Lettings makes things easier. We help landlords understand exactly what the rules mean in practice, ensuring tenancy agreements, rent reviews, and notices are all handled correctly.

We can also guide you through more complex situations, like ending a tenancy or resolving disputes, so you feel confident and compliant. Whether you’re already letting property or considering the buy-to-let process for the first time, we’re here to make the process as simple and stress-free as possible.