Housing (Scotland) Bill

Closes 18 Jul 2025

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Demonstrating eligibility for an exemption

In this section, we ask you to consider: 

  • what information landlords could use to determine that their property is eligible for an exemption and the steps they can take to verify this
  • what information could be provided to a tenant relating to any relevant exemptions

Related information

To ensure that tenants can exercise their rights, there is a need for them to have information. The Bill sets out requirements for information that prospective landlords in rent control areas must provide to tenants.

The Bill also includes routes for tenants to verify whether a proposed rent increase is above the level of the rent cap or to apply for a determination of whether the rent set at the start of a new tenancy was set in accordance with the statutory requirements. However, should a certain category of property in a rent control area be exempt from a rent control (for example mid market rent or build to rent properties), these requirements would not apply.

12. What information would you consider to be acceptable to demonstrate that a property is eligible for the types of exemptions referred to in the previous sections in this chapter?

Properties let below market rent, purpose-built rental housing, other circumstances where exemptions would be appropriate.

13. What steps should a landlord need to take to confirm that their property is eligible for such an exemption?
14. Should a landlord of an exempt property be required to communicate to tenants and prospective tenants about the exemption?
15. What could the process be for tenants to verify that a property is exempt?