Check if your landlord can increase your rent

Your landlord can increase the rent any time in the first year of your tenancy. After that, they can only increase it once every 12 months.

They must give you a rent increase notice with at least 3 months’ notice. You can download an example of a rent increase notice from gov.scot.

If you’ve been given less than 3 months’ notice

No matter what date is written on the notice, you only have to start paying the new rent after 3 months have passed. This starts on the day you receive the notice.

For example, if you receive a rent increase notice on 1 April, the notice period ends on 1 July. The earliest date that the rent increase can start is 1 July.

Fill in part 3 of the rent increase notice to tell your landlord the correct date. Send it back to them as soon as possible.

Challenging a rent increase

You can apply to a rent officer if you think an increase is too high. You must do this within 21 days of getting a rent increase notice.

Fill in part 3 of the rent increase notice to tell your landlord you do not accept the increase. Send it back to them as soon as possible.

The maximum possible increase is either 6% or 12%, depending on your current rent and the market value of your home. In many cases it will be lower than this.

Use the rent increase calculator on gov.scot for an estimate of how much your rent can be increased.

The rent officer cannot increase the rent higher than your landlord’s proposed increase.

Apply to Rent Service Scotland to challenge an increase

Your landlord cannot increase the rent during your fixed term unless you agree to it, or your tenancy agreement says it will be increased.

Check your tenancy agreement

Your tenancy agreement might say:

• how often your rent can be increased

• how much the rent can be increased

• what your landlord has to do to increase the rent, such as give you a set amount of notice

This is sometimes called a rent review clause.

If your tenancy agreement includes a rent review clause, your landlord must stick to what’s written in the tenancy agreement.

If your tenancy agreement does not include a rent review clause

You can apply to the First-tier Tribunal (Housing and Property Chamber) if you think an increase is too high.

The maximum possible increase is either 6% or 12%, depending on your current rent and the market value of your home. In many cases it will be lower than this.

Use the rent increase calculator on gov.scot for an estimate of how much your rent can be increased.

The tribunal cannot increase the rent higher than your landlord’s proposed increase.

To challenge an increase, download Form AT4 from gov.scot.

After the rent has been set by the tribunal, your landlord must wait a year before they can increase it again.

Your landlord cannot increase the rent during your fixed term unless you agree to it, or your tenancy agreement says it will be increased.

Check your tenancy agreement

Your tenancy agreement might say:

• how often your rent can be increased

• how much the rent can be increased

• what your landlord has to do to increase the rent, such as give you a set amount of notice

This is sometimes called a rent review clause.

If your tenancy agreement includes a rent review clause, your landlord must stick to what’s written in the tenancy agreement.

If your tenancy agreement does not include a rent review clause

To give notice, your landlord can either:

• give you an AT2 form with the proposed increase – they can only do this once per year

• serve you a notice to quit and then give you an AT1 (L) form to change the terms of your tenancy
  

You can download examples of AT2 and AT1 (L) forms on gov.scot.

The amount of notice you should get is the same as the length of your initial fixed term tenancy, unless:

• your fixed term was for less than a month – you should get 1 months’ notice

• your fixed term was for more than 6 months – you should get 6 months’ notice

You can apply to the First-tier Tribunal (Housing and Property Chamber) if you think an increase is too high.

The maximum possible increase is either 6% or 12%, depending on your current rent and the market value of your home. In many cases it will be lower than this.

Use the rent increase calculator on gov.scot for an estimate of how much your rent can be increased.

The tribunal cannot increase the rent higher than your landlord’s proposed increase.

The form you should use depends on how your landlord gave you notice:

• if they gave you an AT2 form, use form AT4

• if they gave you an AT1 (L) form, use form AT3 (T)

You can download Forms AT4 and AT3 (T) on gov.scot. Send the relevant form to the tribunal by post or email.

After the rent has been set by the tribunal, your landlord must wait a year before they can increase it again.

You could have this type of tenancy if you live with your landlord or you live in student accommodation.

If there are rules written in your tenancy agreement about rent increases, your landlord must stick to these.

If not, there is no specific notice they must give to increase the rent. Try to negotiate with your landlord. Explain why you think the increase is too high, and suggest an amount that you think would be more reasonable. If you come to an agreement with your landlord, make sure to get it in writing.

You’ll only have a regulated tenancy if your tenancy started before 1989.

If you have a regulated tenancy, your landlord can only increase the rent if you agree to it in writing.

Otherwise, they must apply to have a fair rent registered on gov.scot. They can usually only do this once every 3 years.

If you disagree with the rent set by the rent officer, you can appeal to the First-tier tribunal using form G.

If you rent from the council or a housing association, your rent can usually be increased once per year.

Before increasing your rent, your landlord must consult you and take your views into account. They must tell you about the rent increase at least 4 weeks in advance.

If you were not properly consulted about the increase, you can complain by following your landlord’s complaints procedure.

Check our guidance on:

• how to complain to the council

• how to complain to a housing association

If your housing association tenancy started before 2002

Some housing association tenants have the right to challenge a rent increase:

• if your tenancy started before 1989, you can apply to have a fair rent registered on gov.scot

• if your tenancy started between 1989 and September 2002, you can apply to the First-tier tribunal