Check if your landlord can increase your rent - Shelter Scotland (2024)

There are rules about when and how your landlord can increase the rent.

Your rights depend on your tenancy type. If you do not know your tenancy type, use our tenancy checker.

In some private tenancies, you can challenge an increase if it’s too high.

Check the rules for your tenancy type:

  • Private residential tenancy
  • Assured or short assured tenancy
  • Common law tenancy
  • Regulated tenancy
  • Scottish secure or short Scottish secure tenancy

Private residential tenancy

You'll usually have a private residential tenancy if you moved in on or after 1 December 2017.

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:

Challenging an increase

If a rent increase is too high, you can apply to a rent officer to make it more affordable. You must do this within 21 days of getting the notice.

Check our advice on rent increases in private residential tenancies.

Assured or short assured tenancy

You'll usually have an assured or short assured tenancy if you moved in before 1 December 2017.

Your landlord must follow any rent increase rules written in your contract.

If your contract does not say the rent can be increased

Your landlord must give you a valid notice to quit and an AT2 form to propose a rent increase.

Download an example of an AT2 form on gov.scot.

Your landlord can only give you an AT2 form once per year.

If you've been given a notice to quit in the past

Your landlord can still increase your rent according to your contract if it includes either:

  • a specific amount or percentage that the rent can go up

  • a way that the increase can be calculated that's outside the landlord's control, such as inflation

If the contract does not meet these conditions, your landlord must give you an AT2 form to increase the rent.

Challenging an increase

If your rent is increased according to your contract, you can try to negotiate a different amount. Make sure to get any agreements in writing.

If your rent is increased using an AT2 form, you can apply to a tribunal to make the increase more affordable.

Check our advice on rent increases in assured and short assured tenancies.

Common law tenancy

You'll usually have a common law tenancy if you live with your landlord or in student accommodation.

Your landlord must follow any rent increase rules written in your contract.

If you disagree with an increase, 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.

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

You'll usually have a Scottish secure tenancy if you rent a social home 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:

Last updated: 26 April 2024

Check if your landlord can increase your rent - Shelter Scotland (1)

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England

Check if your landlord can increase your rent - Shelter Scotland (2024)
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