Housing (Scotland) Bill

Closes 18 Jul 2025

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Exemptions - properties let below market rent - mid-market rent properties

In this section, we ask you to consider that:

  • Mid-Market Rent properties (MMR) could be exempted from the application of rent controls under the Bill
  • a definition for MMR could incorporate some or all of the following criteria
    • properties provided at mid-market levels, which have binding restrictions on rent levels
    • including those provided by
      • subsidiaries of registered social landlords
      • local authority arms-length external organisations
      • other organisations in receipt of Scottish Government financial support to deliver MMR
  • these exemptions could be applicable whilst the properties meet the specified criteria
1. Should MMR properties be exempted from the application of rent controls under the Bill?
2. We have set out some possible criteria which could be incorporated into a definition of MMR for the purpose of a possible exemption. Do you agree with these criteria?

The criteria that we have set out are:

  • properties provided at mid-market levels, which have binding restrictions on rent levels
  • including those provided by:
    • subsidiaries of registered social landlords
    • local authority arms-length external organisations
    • other organisations in receipt of Scottish Government financial support to deliver MMR
3. If there is an exemption for MMR properties, should this include specific requirements on the level of rent charged, such as a link to local housing allowance rates or to a specified percentile of market rates?
4. Should MMR properties only be exempted from rent control areas for the duration of time that they meet the specified criteria?

The criteria that we have set out are:

  • properties provided at mid-market levels, which have binding restrictions on rent levels
  • including those provided by:
    • subsidiaries of registered social landlords
    • local authority arms-length external organisations
    • other organisations in receipt of Scottish Government financial support to deliver MMR
5. Are there any other types of housing provision which should also be considered as part of an exemption for MMR property?

In this question we ask you to consider only housing provision let below market rents, with binding restrictions on the level of rent that can be charged, or with restrictions on the types of tenants than can be granted a tenancy.