Navigating the Transition: Scotland’s 2025 Tenant Protection Regulations

The Scottish Government is taking steps to ensure a smooth transition for tenants with the introduction of the Cost of Living (Tenant Protection) (Saving Provision) (Scotland) Regulations 2025, effective from the end of March. Here’s what you need to know.

What Are These Regulations About?

The 2025 Regulations aim to maintain certain temporary measures related to rent adjudication which were initially brought in by the 2024 Regulations. These modifications were designed to offer temporary relief and adjustments in response to cost-of-living challenges and are set to conclude on March 31, 2025.

Why Are They Important?

The purpose of these saving provisions is to ensure that any ongoing rent-related cases, initiated before April 1, 2025, continue under the same temporary rules. This includes referrals and appeals concerning rent increases under different housing acts. Without these provisions, there’s a risk that unresolved cases might face complications when switching back to the pre-2024 procedures.

Key Provisions:

1. Continuation of Previous Rules: Applications related to rent increases made before April 1, 2025, will still be governed by the temporary rules established in 2024.

2. Applicable Cases: This includes any referrals to rent officers, appeals against rent officer orders, and proposals for new rent notices under the relevant housing acts from before this cut-off date.

Impact on Children’s Rights and EU Alignment:

The Scottish Government assures that the 2025 Regulations align with the UN Convention on the Rights of the Child. However, they don’t impact the government’s EU alignment policy, as these regulations simply extend existing measures without introducing new policy directions.

Consultations and Assessments:

While the government consulted widely during the creation of the 2024 Regulations, no new consultations were conducted for the 2025 extension since it merely continues existing policies. A Child’s Rights and Wellbeing Impact Assessment has been done, reinforcing the regulations’ compatibility with children’s rights standards.

Financial Considerations:

There are no new financial implications beyond those already identified in the 2024 Regulations. The Minister for Housing confirms that the 2025 Regulations do not impose additional costs on the government, local authorities, or businesses.

In summary, the 2025 Regulations are a crucial step in ensuring that tenants in ongoing rent adjudication processes do not face disruption as temporary measures come to an end. By maintaining the status quo for these cases, the Scottish Government is prioritizing stability and clarity for tenants across Scotland.