Have you received a rent increase from your private landlord / letting agent? Here’s how you can challenge it

Have you received a rent increase from your private landlord / letting agent? Here’s how you can challenge it

During the Covid-19 pandemic, the Scottish Government introduced emergency legislation which banned evictions and capped rent increases to a maximum of 3%. These measures expired on 1st April 2024, and we now have further temporary measures which limit rent increases to a maximum of 12%.  

Despite the limit, some landlords are proposing rent increases which exceed 12%. When this happens, the responsibility is on the tenant to challenge it by referring it to Rent Service Scotland, where a Rent Officer decides what the rent should be. This must be done within 21 days of receiving the rent increase notice. If the increase is not challenged within 21 days, the new proposed rent takes effect, regardless of the 12% limit.  

The 12% limit also does not always mean that your landlord can and should raise it by 12%. It depends on the ‘open market rate’ within your area – i.e. how much other properties are in your area, that are similar to your property in terms of size. 

It is important to understand your rights and what to do if you receive a rent increase notice, whether it is below or above 12%, you can use the steps below to challenge your rent increase.  

The good news is, if you challenge your rent increase, the Rent Officer cannot set your rent to be higher than what was proposed in your increase notice. So, if your landlord increases your rent by 6% — the Rent Officer cannot decide that your rent should increase by more than 6%. 

Note: the checklist below is general, if you have any doubts, questions or concerns, we recommend that you seek independent advice. We have listed our contact details as well as other organisations’ below.  

1. Check that your rent increase is valid  

A rent increase notice form must be used by your landlord/letting agent, and you must receive 3 months’ notice of any rent increase. It should also include: 

Information about your rights and where you can get independent advice 

When your last rent increase was (NOTE: they cannot increase your rent more than once in a 12-month period, with some exceptions if you are in a joint tenancy and a joint tenant has left)  

It should be signed by either your landlord or letting agent.  

A slip for you to fill out and return to your landlord / letting agent with three options:  

  1. Accepting the rent increase
  2. Accepting the rent increase but proposing a different date  
  3. Not accepting the rent increase notice and referring it to Rent Service Scotland for a rent determination. 

If you do nothing – your rent increase notice will take effect after 3 months.  

If you think your rent increase notice is not valid, you can tell your landlord/letting agent, and they should give you a new notice.  

Speak to Citizens Rights Project, Shelter Scotland or Citizens’ Advice if you need advice or are unsure if your notice is valid.  

You can get in touch with us by emailing info@citizensrightsproject.org 

2. Informally negotiate with your landlord/letting agency (optional step)  

If you have a good relationship with your landlord / letting agency, you may be able to negotiate a lower rent increase by talking to them. You do not have to do this step, and you can go straight to step 3 if you like.  

If a new rent increase is agreed, make sure this is recorded in writing, and your landlord/letting agent should send you a new rent increase notice.  

If you do choose to follow this step, make sure you leave enough time to formally challenge the rent increase within 21 days of the original notice.  

3. Rent Adjudication (within 21 days of receiving your rent increase notice)  

Before referring to Rent Service Scotland, you must inform your landlord /letting agent by completing the last section of your notice and returning it to them.   

Then, you can apply to Rent Service Scotland about your rent increase and have a Rent Officer determine your rent.  

The application takes around 10 minutes, and you will be asked to input your personal details and those of any joint tenants named on the lease, information about your landlord/letting agency, and information about your property.  

You may receive a visit from a Rent Officer at your property, though this does not happen in all cases. If an appointment is made, the day and time can only be rescheduled once.  

The Rent Officer will determine the new rent, based on the open market rate of comparable properties, and apply a taper formula to reach the final amount. A decision will be made within 40 days of application, and you and your landlord/letting agent will receive a provisional order stating the proposed rent.  

Either you or your landlord can appeal this decision within 14 days.  

4. Appeal the Rent Officer’s decision to the First-Tier Tribunal (within 14 days of the Rent Officer’s Decision) 

If you are unhappy with the Rent Officer’s decision, you may apply to the First Tier Tribunal (Housing and Property Chamber) within 14 days of the decision.  

You will need to provide evidence of why the decision was wrong, e.g. if you believe the Rent Officer’s estimate of the open market rent is too high, you will need to include examples of properties in your area, of similar size.  

What to do while you wait for a decision 

Continue paying your normal rent while you wait for a decision. If the decision is delayed, keep in mind that you may have to pay a back payment of rent up to 12%, so keep this money aside just in case.  

Where to get free advice about your rent increase  

Citizen’s Rights Project — Free multilingual welfare advice and support for EU migrants in Scotland. Email us at info@citizensrightsproject.org 

Shelter Scotland – Free housing advice  

Citizen’s Advice – Free national advice helpline