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.

The rent officer will decide how much your rent can increase, up to a maximum of 12% of your current rent. This is sometimes called a rent cap. It only applies if you challenge the increase within 21 days.

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.

How much notice you should get

You must get at least 3 months' notice. If your landlord sends the form by post or email, they must add 2 days to the notice period to allow time for you to receive it.

If you've not been given enough notice, you do not have to start paying the new rent until 3 months have passed. Tell your landlord the correct date.

How much your rent can be increased

When you challenge an increase, a rent officer will calculate the maximum rent increase for your tenancy.

The maximum possible increase is 12%, but in many cases it will be lower than this.

The increase that’s allowed depends on the percentage gap between:

• your current rent

• the open market value of your home – this is based on current rents for similar homes being advertised in your area

If the gap is 6% or less, your rent can be increased by a maximum of 6%.

If the gap is more than 6%, the increase will be calculated using a formula that keeps your rent under the market value. This can be up to a maximum of 12%.

Use the rent increase calculator on gov.scot to check how much your rent could be increased.

You can challenge a rent increase of any amount. The rent officer cannot increase the rent higher than your landlord’s proposed increase.

Apply to challenge your rent increase within 21 days

Before applying, fill in part 3 of the rent increase notice and 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

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 open 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 an increase of up to 12%. 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.