The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Saving Provisions) Regulations 2024
| Jurisdiction | Scotland |
| Year | 2024 |
| Citation | SSI 2024/19 |
2024 No. 19
Housing
The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Saving Provisions) Regulations 2024
Made 22th January 2024
Laid before the Scottish Parliament 24th January 2024
Coming into force 31th March 2024
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 7(7)(b) of the Cost of Living (Tenant Protection) (Scotland) Act 20221and all other powers enabling them to do so.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Saving Provisions) Regulations 2024 and come into force on 31 March 2024.
(2) In these Regulations—
“the 1988 Act” means the Housing (Scotland) Act 19882,
“the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 20163,
“the 2022 Act” means the Cost of Living (Tenant Protection) (Scotland) Act 2022.
Rent cap: saving provision
2. Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act4, paragraphs 1 and 2 of schedule 1, and section 1 as it relates to these paragraphs, of the 2022 Act continue to have effect as they did immediately before the expiry of that Part5(including as modified by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 20236) insofar as they are applicable in relation to—
(a) a rent-increase notice given in accordance with section 22(1) of the 2016 Act7on or after 1 April 2023 and before 1 April 2024,
(b) a notice proposing a new rent served in accordance with section 24(1) of the 1988 Act8on or after 1 April 2023 and before 1 April 2024,
(c) a referral to a rent officer made in accordance with section 24(1) of the 2016 Act9in relation to a rent-increase notice described in paragraph (a),
(d) a referral to the relevant rent officer made in accordance with section 24(3)(a) of the 1988 Act10in relation to a notice described in paragraph (b),
(e) an appeal to the First-tier Tribunal made in accordance with section 28(1) of the 2016 Act11against an order of a rent officer in relation to a referral described in paragraph (c),
(f) an appeal to the First-tier Tribunal made in accordance with section 24B(1) of the 1988 Act12against an order of a rent officer in relation to referral described in paragraph (d),
(g) an application to the relevant rent officer to increase rent by more than the permitted rate made in accordance with section 33A(1) of the 2016 Act13on or after 1 April 2023 and before 1 April 2024,
(h) an application to the relevant rent officer to increase rent by more than the permitted rate made in accordance with section 24E(1) of the 1988 Act14on or after 1 April 2023 and before 1 April 2024,
(i) an appeal to the First-tier Tribunal made in accordance with section 33C(1) of the 2016 Act15against an order of a rent officer in relation to an application described in paragraph (g),
(j) an appeal to the First-tier Tribunal made in accordance with section 24G(1) of the 1988 Act16against an order of a rent officer in relation to an application described in paragraph (h).
Evictions: saving provision
3.—(1) Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act, paragraphs 4, 5 and 6 of schedule 2, and section 2 as it relates to these paragraphs, of the 2022 Act continue to have effect as they did immediately before the expiry of that Part insofar as they are applicable in relation to—
(a)
(a) an eviction notice which was served before 1 April 2024,
(b)
(b) proceedings for a decree for removing—
(i) in relation to an eviction notice mentioned in paragraph (a), or
(ii) raised before 1 April 2024 without the need for an eviction notice,
(c)
(c) a decree for removing granted in proceedings mentioned in paragraph (b),
(d)
(d) appeal, recall or review proceedings against a decree mentioned in paragraph (c).
(2) Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act, the definitions of “decree for removing” and “eviction notice” in paragraph 1(10) of schedule 2 of the 2022 Act continue to have effect and apply for the purposes of this regulation.
Unlawful eviction notification and determination of damages: saving provision
4. Despite the expiry of Part 1 of the 2022 Act in accordance with section 7(1) of the 2022 Act, paragraphs 7 and 8 of...
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