Rents Guidance for Tenants

If you are a tenant with a regulated tenancy under the Rent (Scotland) Act 1984, then you can apply to the Rent Officer to have a 'fair rent' fixed. Ordinarily, 'fair rents' only apply to tenancies established before 1989.

If either you or your landlord is dissatisfied with the rent fixed by the Rent Officer, then you or your landlord can apply to the prhp to have the ' fair rent' determined by a Private Rented Housing Committee. The prhp can deal with applications under Part VII of the Rent (Scotland) Act 1984.

The prhp can also hear appeals brought under the Housing (Scotland) Act 1988. Where there is a statutory assured tenancy and the landlord serves a notice proposing to increase the rent, (form AT2) the tenant may refer the notice to the prhp and ask a Committee to fix an open market rent. The prhp also deals with appeals by landlords or tenants where the other party has proposed a review of the terms of the tenancy.

A tenant under a short assured tenancy can ask the Committee to decide what the rent should be under section 34 of the 1988 Act.

In cases under the 1984 and 1988 Acts, the prescribed forms must be used as the relevant legislation requires this. These forms can be downloaded from the Scottish Government website or obtained by contacting our office.