Key Housing Legislation Updates for Scottish Landlords

The Housing (Scotland) Act 2025 introduces several important legislative changes that will affect Scotland’s private rented sector. Although the Act was approved in November last year, most of its provisions will be brought into force gradually throughout 2026 and 2027.

The Scottish Government has now confirmed the first commencement dates. Alongside these, further regulatory changes are also being introduced, including new requirements relating to damp and mould standards and reforms to Energy Performance Certificates.

Below we outline the key dates, upcoming changes, and what landlords should expect over the coming years.

Housing (Scotland) Act 2025 Implementation Timeline

From 1 April 2026: Rent Control Framework

From April 2026, the legislation enabling rent control measures will come into force.

Under the framework, local authorities will be required to carry out rent condition assessments by May 2027. However, no rent control areas are expected to be proposed or implemented until after May 2027.

In the meantime, landlords will still be able to:

• Set rents at market level for new tenancies
• Apply mid-tenancy rent increases through the existing process.

From 6 October 2026: Changes to Wrongful Termination Orders.

The Act introduces increased penalties through Wrongful Termination Orders (WTOs). A WTO may be awarded where a tenant has been misled into leaving a property using an eviction ground that did not apply.

Under the new rules, tribunal penalties will increase from up to 6 months’ rent to 3-36 months’ rent. In practice, WTOs are relatively rare and are only awarded where misuse of eviction grounds is clearly proven.

From 6 October 2026: Succession After a Tenant’s Death

Currently, a partner, family member or carer must have lived in the property for at least 12 months before the tenant’s death to qualify for succession. From October 2026, the qualifying occupation will reduce to 6 months.

Succession cases remain uncommon, but the change will make it easier for certain household members to remain in the property.

From 1 April 2027: Rent Officer and Joint Tenancy Changes

Further provisions will be introduced in April 2027.

Rent Increase Reviews

Rent officers will no longer be able to set a rent higher than the landlord’s proposed figure on a rent increase notice, even if market rent is higher.

Joint Tenancy Rules

Changes will allow one joint tenant to end the tenancy for all tenants, reversing the current requirement for all tenants to give notice.

Further guidance is expected before these measures take effect.

Measures Awaiting Implementation Dates

Some measures within the Housing (Scotland) Act do not yet have confirmed implementation dates, including:

• Rules preventing landlords from unreasonably refusing pets or personalisation.
• Restrictions on rent increases during the first 12 months of a tenancy.
• Powers to convert assured and short assured tenancies into Private Residential Tenancies.

Damp and Mould – “Awaab’s Law” – Investigation and Commencement of Repair (Scotland) Regulations 2026

The new Investigation and Commencement of Repair (Scotland) Regulations 2026 will introduce enforceable timescales for responding to damp and mould issues in rented homes. Referred to as “Awaab’s Law”, these new regulations aim to protect tenants against property conditions which can impact their health and will come into force on 6th October 2026.

Under the new rules, landlords will be required to:

• Investigate reported or identified damp or mould issues within 10 working days.
• Issue findings within 3 working days of completing the investigation
• Commence repairs within 5 working days after the investigation concludes.

Where compliance is not reasonably possible, landlords must:

• Provide clear reasons for the delay
• Set revised timescales
• Implement interim mitigation measures where appropriate.

Energy Performance Certificate (EPC) Reform – New Regime from October 2026

The Energy Performance of Buildings (Scotland) Regulations 2025 introduce a significant overhaul to the current EPC system.

From 31 October 2026, the existing regime will be replaced with a new structure designed to provide clearer information about property efficiency and improvement options.

Key changes include:

• New domestic metrics focusing on Heat Retention, Heating System and Energy Cost.
• A new property report outlining improvement measures and indicative upgrade costs.
• EPC validity will reduce from 10 years to 5 years.
• Introduction of a new digital EPC platform and central register.

Transitional arrangements will apply to properties that are already on the market when the new system begins.

Our Advice to Landlord Clients

At present, no immediate action is required unless specific circumstances apply.

Many of the provisions above will not take effect until late 2026 or 2027, and further guidance is still expected in several areas. We are continuing to monitor legislative progress, guidance and implementation timelines.

As further information becomes available, we will provide practical compliance updates, property‑specific advice where relevant and early warning of future obligations so landlords can prepare well in advance.

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