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Check if your landlord can increase your rent

There are rules about when and how your landlord can increase the rent. Your rights depend on your tenancy type.

If you rent privately, you can challenge a rent increase.

The rent cap

The rent cap is a limit on how much your landlord can increase the rent. It ends on 31 March 2024.

If the rent cap applies to you, your landlord can increase your rent by:

  • up to 3% if they send you a valid rent increase notice

  • up to 6% if they apply to Rent Service Scotland

The rent cap applies to most people who rent from a private landlord or letting agent. It also applies if you have a mid-market rent from a council or housing association.

Check if the rent cap applies to you

When the rent cap ends

The rent cap applies to all rent increase notices sent on or before 31 March 2024, even if the rent increase is due to start after this date.

If your landlord sends a rent increase notice after 31 March 2024, you can challenge it.

A rent officer will decide how much the rent can be increased, up to a maximum of 12%. The amount is worked out based on your current rent and your home's market value.

Use the gov.scot rent increase calculator to estimate how much your rent could be increased under the new rules.

If the rent cap does not apply to you

Try to negotiate with your landlord. Explain why you think the increase is too high. For example, if the proposed rent is higher than other rents for similar homes in your area, or if your home needs repairs.

Suggest an amount that you think is more reasonable. If you come to an agreement about the rent, make sure to get it in writing.

If your rent goes up and you cannot afford it, you could apply for Discretionary Housing Payment to help cover the shortfall. You need to be claiming Housing Benefit or Universal Credit to apply.

Check if a rent increase notice is valid

The notice your landlord must give you depends on what kind of tenancy you have. If you do not know your tenancy type, use our tenancy checker.

If your landlord has not given you a valid rent increase notice, you do not have to start paying the higher rent.

Check our guidance depending on your tenancy type:

Private residential tenancy

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.

The rent cap applies to you, so the increase cannot be more than 3%.

If the rent increase is more than 3%

You can apply to Rent Service Scotland to challenge it. A rent officer will write to you and your landlord to confirm how much the rent increase can be.

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.

Download the form to challenge a rent increase (docx, 40 kb)

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.


Short assured tenancy

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

After the fixed term ends, your landlord can increase the rent whenever your tenancy agreement is renewed.

If your tenancy agreement includes rules about when and how much your rent can be increased, your landlord must follow these. In this case the rent cap will not apply to you.

If your tenancy agreement does not include rent increase rules

The rent cap applies to you, so your landlord should not increase the rent by more than 3%.

If your landlord tries to increase the rent by more than 3%, you can apply to Rent Service Scotland to challenge it. You must do this within 21 days of receiving the rent increase notice.

A rent officer will write to you and your landlord to confirm how much the rent increase can be.

Download Form AT4 to challenge a rent increase (docx, 50 kb)


Assured tenancy

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 notice

This is sometimes called a rent review clause.

If your tenancy agreement includes a rent review clause, the rent cap will not apply to you.

Your landlord must stick to what’s written in the tenancy agreement.

If your tenancy agreement does not include rent increase rules

The rent cap applies to you, so your landlord should not increase the rent by more than 3%.

To give notice, they 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

If your landlord tries to increase the rent by more than 3%, you can apply to Rent Service Scotland to challenge it. You must do this within 21 days of receiving the rent increase notice.

A rent officer will write to you and your landlord to confirm how much the rent increase can be.

Download Form AT4 to challenge a rent increase (docx, 50 kb)

If you disagree with a rent increase

If the rent cap does not apply to you, and you think your landlord’s proposed increase is too high, you can apply to the tribunal to decide your rent.

You must apply within 3 months of receiving the rent increase notice, and before the date when the new rent is due to start.

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.

The tribunal will set your rent based on various factors, including the size and condition of the property and the market rate in your area.

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

Your rent can be put up as well as down

Check local listings before applying. If your rent is lower than average, the tribunal may decide to raise it even higher than your landlord's increase.


Common law tenancy

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.


Regulated tenancy

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.


Scottish secure or short Scottish secure tenancy

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

The rent cap does not apply if you have a Scottish secure or short Scottish secure tenancy.

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:

If your tenancy started before 2002

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


Last updated: 1 March 2024

Housing laws differ between Scotland and England.

This content applies to Scotland only.

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