56.This section inserts a new section 17A into the 2016 Act. The new section requires a potential landlord who is advertising a property (that is not an exempt property) for let in a rent control area (that is likely to give rise to a PRT) to include the information specified in subsection (2) in the written advertisement. The information that must be included varies depending on whether the property was let previously (see subsections (4) and (5)), which affects whether the prospective landlord has information to share about the rent payable under the recent previous tenancy. Subsection (6) confers a power on the Scottish Ministers to by regulations modify the information to be included in an advertisement as mentioned in subsection (2). Subsection (6) also confers a power on the Scottish Ministers to, by regulations, modify the definition of properties that have been let previously. The requirement on prospective landlords to comply with this duty may be taken into account in determining whether the person is a fit and proper person to be included in the landlord register prepared and maintained by a local authority under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.
57.Section 22 of the 2025 Act also inserts new section 17B into the 2016 Act. The new section requires a potential landlord who is advertising an exempt property for let in a rent control area (that is likely to give rise to a PRT) to include a statement that the property is an exempt property (see subsection (2)(a)). An “exempt property” is a property of a description specified in regulations made by the Scottish Ministers that is confirmed as being of that description in accordance with one or more processes specified in those regulations (see Notes below on section 23 of the 2025 Act insofar as it inserts a new section 17D into the 2016 Act). The advertisement must also include information about the manner in which the property has been confirmed in accordance with the new section 17D, together with any number associated with the confirmation of the property as an exempt property (see subsections (2)(b) and (c)). The requirement on prospective landlords to comply with this duty may be taken into account in determining whether the person is a fit and proper person to be included in the landlord register prepared and maintained by a local authority under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.
Crown Application Part 1 – Rent Information about rent to be included in advertisements Section 22 - Prospective landlords’ duty to include information about rent in advertisements