A ruling by the Upper Tribunal has confirmed an earlier decision that the rent cap introduced in the Cost of Living (Tenant Protection) (Scotland) Act 2022 didn’t apply to assured and short assured tenancies containing rent increase clauses.
The Act capped rent increases at 3% and put a temporary ban on evictions to protect tenants during the cost-of-living crisis, running from September 2022 to March 2024. Tenants appealed a First-Tier Tribunal decision that the rent cap did not apply to their tenancies, but this was upheld by the higher tribunal.
The decision also confirmed that the appeal process for rent increases made under the new tapering process that replaced rent caps also does not apply to assured and short assured tenancies.
This decision will be binding on all future appeals to the First-Tier Tribunal.
