The Housing (Scotland) Bill: A New Era of Rented Sector Reform

Scottish Parliament
Beata

Beata Lozyniak, MARLA
Operations Director

As 2025 draws to a close, Scotland’s private rental sector has reached a major turning point with the passage of the Housing (Scotland) Bill.

After intense scrutiny and debate, the Housing (Scotland) Bill has passed its final stage in the Scottish Parliament and is poised to become law upon Royal Assent.

This legislation promises sweeping changes, some of which have been long sought by tenants. While several controversial amendments were rejected, many of the Bill’s core provisions remain and will reshape the balance of rights and obligations in the private rented sector (PRS).

What changed:

Significant proposals, including a winter eviction ban and restrictions on ending tenancies within the first 12 months, were decisively defeated in the final vote. Their rejection means these measures will not form part of the new legislation.

Key reforms that remain in the Bill:

The final Bill retains many bold changes for the PRS, including:

Long-term rent control powers: The government can designate local rent control areas, placing limits on rent increases. We explore the details of these areas and how the proposed caps could operate in this blog.

Tenant rights to personalise: Tenants with a Private Residential Tenancy (PRT) may make certain small changes (like putting up pictures) without landlord consent, and may request larger changes that cannot be unreasonably refused.

Pet permission rights: The Bill creates a legal framework allowing tenants to keep pets, provided certain conditions are met.

Phasing out assured/short assured tenancies: The Bill provides discretionary power for Scottish Ministers to set a date for converting assured/short assured tenancies into Private Residential Tenancies (PRTs).

Joint tenancy flexibility: If co-tenants disagree about ending a lease, one may end the tenancy unilaterally. These changes address longstanding concerns about tenants being inadvertently trapped in agreements due to the decisions of co-tenants. Key provisions for the new framework are:

  • Unilateral termination rights: A tenant wishing to exit a joint tenancy can now do so without requiring the consent of other co-tenants. This provision ensures that individuals are not compelled to remain in a living arrangement against their will.
  • Mandatory pre-notice period: Before serving formal notice to the landlord, the departing tenant must provide all other joint tenants with a written pre-notice. This notice must be given at least two months but no more than three months before the intended termination date, allowing co-tenants sufficient time to consider their options.
  • Post-termination options for remaining tenants: After the departure of a co-tenant, the remaining tenants have the opportunity to negotiate a new tenancy agreement with the landlord. This flexibility can include assigning the departing tenant's share to a new tenant or establishing a new sole tenancy for those who wish to stay.

Additionally, the Bill gives authorities enhanced monitoring and data-collection powers over landlords, especially within rent control zones.

Next Steps & Implementation:

1. Royal Assent & Commencement
Once the Bill receives Royal Assent from the King, it becomes law. The timing of commencement will depend on regulations and transitional rules.

2. Regulations & Guidance
Many details—for example, defining rent control areas or exemptions—will be handled through subordinate legislation.

3. Phased roll-out
Implementation is likely to be phased, allowing for consultation, stakeholder preparation, and possible appeals on regulation.

4. Market response & monitoring
Ongoing scrutiny of the impact on supply, rental prices, property maintenance, and investment will shape future reforms.

The Housing (Scotland) Bill is a landmark reform of Scotland’s private rented sector. It attempts to blend tenant protections with constraints on landlords, marking one of the most significant statutory overhauls since the introduction of the Private Residential Tenancy in 2017.

While some feared worst-case outcomes, the defeat of certain amendments, suggests that the final version strikes a tentative balance.  The next real test will lie in how the law is implemented via regulations, enforcement practice, and how landlords and tenants adapt in everyday reality.