The First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023
These Regulations make amendments to the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (“the principal Regulations”) in relation to the procedures for a variable rent cap introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”). The 2022 Act introduced the rent cap via amendments to the Housing (Scotland) Act 1988 (“the 1988 Act”) and the Private Housing (Tenancies) (Scotland Act 2016 (“the 2016 Act”). The amendments by the 2022 Act inserted new rights of appeal to the First-tier Tribunal for Scotland (“the Tribunal”) in relation to rent increases over the level of the rent cap which are authorised by a rent officer in relation to the prescribed property costs of the landlord (“prescribed property costs applications”). The 2022 Act also introduces new appeal processes, in the 1988 and 2016 Acts, in relation to rent increases authorised by a rent officer up to the level of the rent cap (“rent cap appeals”).