The Housing (Scotland) Act 2025 - Rent Control Areas and Local Authority Duties

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February 18, 2026

Scotland is preparing for one of the most significant structural changes to the private rental sector in a generation. The Housing (Scotland) Act 2025 introduces a permanent framework for Rent Control Areas (RCAs): designated zones where annual rent increases will be capped according to a formula tied to inflation.

For professional letting agents and property managers, understanding how this system works is not optional. The designation process begins in earnest in 2027, and the decisions made by local authorities and Scottish Ministers over the coming months will fundamentally reshape the investment landscape across Scotland's rental market.

This chapter explains the mechanics of Rent Control Areas, the assessment and designation process, the cap itself, and what it all means for landlords, tenants, and the agents who manage the relationship between them.

The Rent Control Framework: How It Works

At its core, the Rent Control Area system is a two-stage process. Local authorities assess their rental markets and submit reports to the Scottish Government. Ministers then decide whether all or part of a local authority should be designated as a rent control area based on those findings.

Once an area is designated, rent increases within that zone become subject to a "permitted rate": a cap calculated as the Consumer Price Index (CPI) plus 1%, with an absolute maximum of 6% per year. Any landlord wishing to increase rent beyond this permitted rate will need to seek approval, and tenants will have the right to challenge such requests through the First-tier Tribunal.

Map of Scotland showing major cities designated for rent control areas

The system is designed to respond to local market conditions rather than impose a blanket national cap. This means some areas of Scotland may never be designated as RCAs, while others: particularly high-demand urban centres: are almost certain to be among the first.

The Assessment Process: What Local Authorities Must Do

Local authorities have a statutory duty to assess rent levels and rent increases within their boundaries. These assessments are not optional, and the first wave of reports must be submitted to Scottish Ministers by 31 May 2027.

The criteria for these assessments are still being finalised, but they are expected to focus on:

Local authorities will need to gather data from multiple sources, including landlord registrations, tenant surveys, and market evidence from letting agents. The quality and granularity of this data will be critical, as it will form the basis for Ministerial decisions on designation.

For letting agents, this means your rental data may be scrutinised as part of this process. Accurate record-keeping and transparent reporting of market rents will be more important than ever.

Ministerial Designation: When and Where

Once a local authority submits its report, Scottish Ministers have the power to designate all or part of that authority as a Rent Control Area. The legislation does not set a rigid threshold for designation, giving Ministers discretion to interpret the data and respond to local circumstances.

However, the intent is clear: areas where rent levels or increases are deemed "too high" relative to local incomes or market conditions will be designated. In practice, this is likely to target Scotland's major cities first.

Glasgow and Edinburgh are widely expected to be among the first RCAs, with designations potentially coming into force as early as 2027–2028. Other urban centres such as Aberdeen, Dundee, and parts of the Highlands with high tourism demand may follow.

The designation process is not permanent. Areas can be de-designated if market conditions stabilise, and new areas can be added if pressures emerge. This creates a dynamic system that will require ongoing monitoring.

Edinburgh tenement building subject to Scottish rent control regulations

The Rent Cap: CPI + 1%, Maximum 6%

Within a designated Rent Control Area, landlords will only be permitted to increase rent by the permitted rate, calculated annually as CPI plus 1%, capped at a maximum of 6%.

This is a significant constraint. To put it in context:

The cap applies to sitting tenancies. When a new tenancy begins, the landlord is free to set the starting rent at market rate. However, once that tenancy is in place, any subsequent increases are subject to the cap.

Landlords who wish to increase rent beyond the permitted rate can apply to do so, but they must demonstrate a legitimate reason: typically related to significant property improvements or increases in service costs. Tenants have the right to refer such requests to the First-tier Tribunal, which will assess whether the increase is justified.

For letting agents managing large portfolios, this introduces a new layer of compliance. You will need systems in place to track the permitted rate each year, ensure increases comply with the cap, and manage any tribunal challenges that arise.

Key Exemptions: Build-to-Rent, Mid-Market, and Student Accommodation

Not all rental properties will be subject to rent controls. The Scottish Government has carved out specific exemptions, effective from 1 April 2026, for three categories of property:

Build-to-Rent (BTR) Properties

These are properties that form part of a development with six or more residential units, all in single or joint ownership, covered by the same planning permission, with completion dates on or after 31 August 2021. The exemption recognises that large-scale institutional investment into the rental sector requires long-term predictability and flexibility that rent controls would undermine.

Mid-Market Rent (MMR) Properties

These are designated affordable housing units, typically operated by housing associations or approved bodies. The exemption ensures that the affordable housing sector can continue to operate under its existing regulatory framework without interference from rent control rules.

Student Accommodation

Purpose-built student housing is also exempt. This reflects the distinct nature of the student rental market, which operates on academic year cycles and serves a highly mobile tenant population.

Rental market data trends showing investment impact of rent controls

For investors and developers, these exemptions are critical. They create a "safe harbour" for new capital entering the market, particularly in the BTR sector. The Scottish Government has explicitly stated that these exemptions are designed to "recognise the need for large-scale investment into the sector" and prevent rent controls from suppressing housing supply.

Investment Implications: What This Means for Landlords

The transition to permanent rent controls creates both risks and opportunities, depending on your position in the market.

For Landlords in Likely RCAs

If your properties are located in areas likely to be designated as Rent Control Areas: Glasgow, Edinburgh, or other high-demand zones: you are facing a strategic window that closes in 2027. Once an area is designated, rent increases are capped. If your current rents are below market rate, you may find yourself locked into those lower rents for the foreseeable future.

This creates a strong incentive to adjust rents to market rate before designation. However, this must be balanced against tenant retention, regulatory compliance, and the reputational risks of aggressive rent increases ahead of the cap.

For Landlords Outside RCAs

Even if your area is not designated, the legislation introduces greater scrutiny of rent increases across Scotland. Tenants will have the right to appeal any rent increase to the First-tier Tribunal, arguing that it is excessive relative to local market conditions. This means rent increases will need to be justifiable, evidence-based, and proportionate.

For BTR and MMR Investors

The exemptions make Build-to-Rent and Mid-Market Rent properties significantly more attractive during the rent control era. Institutional investors, in particular, may view Scotland's BTR sector as a more viable long-term play than traditional buy-to-let portfolios in RCAs.

For letting agents, this could mean a shift in the composition of your client base: away from small-scale landlords and toward larger institutional landlords operating exempt properties.

Modern Build-to-Rent development in Glasgow exempt from rent caps

Practical Considerations for Letting Agents

As the rent control system takes shape, letting agents will need to adapt quickly. Here are the key operational challenges to prepare for:

Data and Reporting

Local authorities will rely on accurate rental data to inform their assessments. Letting agents should ensure their records are complete, up-to-date, and capable of being reported in a standardised format if requested.

Compliance Systems

Managing rent increases across a portfolio of properties in different RCAs (or outside them) will require robust systems. Agents will need to track CPI rates, calculate permitted increases, flag properties where landlords wish to exceed the cap, and manage tribunal referrals.

Landlord Education

Many landlords will not fully understand the implications of rent controls until they experience them. Agents have a critical role in educating landlords about the cap, the strategic timing of rent adjustments, and the long-term impact on property values and investment returns.

Tenant Communication

Tenants will also need guidance. They will have new rights to challenge rent increases, but they may not understand when those rights apply or how to exercise them. Transparent communication from agents can prevent disputes and build trust.

Looking Ahead: The First Designations

The first local authority reports are due by 31 May 2027. Ministerial designations are likely to follow within months, meaning the first Rent Control Areas could be operational by late 2027 or early 2028.

Between now and then, the rental market in Scotland will be operating in a state of transition. Landlords and agents who understand the mechanics of the system, anticipate likely designations, and prepare their portfolios accordingly will be best positioned to navigate this new landscape.

Rent Control Areas are not a temporary measure. They are a permanent feature of Scotland's housing policy, designed to rebalance the power dynamic between landlords and tenants in high-demand markets. For professional letting agents, the challenge is clear: adapt, educate, and ensure compliance in a system that is more tightly regulated than ever before.

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