Rent increases in private residential tenancies

Your landlord must give you at least 3 months’ notice of a rent increase. Your rent can only be increased once every 12 months.

You can challenge a rent increase by applying to a government rent officer within 21 days. The rent officer will set your rent based on the market rate for similar homes in your area.

Check if your rent increase notice is valid

Your landlord must use an official form called a rent increase notice.

Download an example of a rent increase notice from gov.scot.

They can only send you a rent increase notice once per year.

If your landlord has not used the right form, or if they send it more than once in a year, you do not have to pay the higher rent. Tell them they've not followed the legal process and you do not agree to the increase.

Challenging your rent increase

You can apply to challenge the increase within 21 days of getting the notice.

Before applying, fill in part 3 of the rent increase notice. Tick the box that says you do not accept the increase. Send this to your landlord and keep proof of sending it.

Apply to Rent Service Scotland to challenge the increase. You'll need to:

• answer some questions about your tenancy

• download the completed form, and email or post it to Rent Service Scotland

How much your rent can be increased

A rent officer will set your rent at the open market rate. This is based on the current average rent for similar properties.

Look on sites like Rightmove and Zoopla to check the rent for properties that:

• are in your local area

• have the same number of bedrooms and bathrooms as your home

• are similar to your home in condition and features

The rent officer may need to visit your home to decide how much the rent should be.

After you apply to challenge an increase

The rent officer should make a decision within 40 days.

They'll write to you and your landlord saying:

• how much the rent will be

• when the rent increase will start

Your landlord cannot put the rent up again for 12 months after the rent increase starts.

If you disagree with the rent officer’s decision

You can appeal to the First-tier Tribunal (Housing and Property Chamber).

You must do this within 14 days of the date on the decision.

To apply, download Form H from the tribunal's website.

You'll need to give proof of why the decision was wrong. For example, if you think the rent officer's estimate of the market rent is too high, include examples of local properties for rent.

If the decision is delayed

Keep paying your current rent while you wait for the rent officer or tribunal's decision.

Keep aside the money to pay for your landlord's proposed increase. If your rent goes up, you might have to pay back the difference from when the rent increase was due to start.

If you're worried about eviction

Your landlord must follow a strict legal process and prove that they have a valid reason to evict you.

You can ask a tribunal to stop the eviction, or get compensation if you're evicted for false reasons.

Check our advice on eviction from a private residential tenancy.