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Landlords · Originally published · Updated · 2 min read

Archive: Scotland’s June 2023 statement on extending temporary tenant protections

The Scottish Government set out reasons for a final extension of emergency measures. Its statement also explained how it fitted into the statutory reporting process.

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On 1 June 2023, the Scottish Government published a statement explaining why it proposed a further extension of temporary measures under the Cost of Living (Tenant Protection) (Scotland) Act 2022. The document accompanied draft regulations and set out the evidence ministers considered relevant to continuing the emergency framework.

The Act had introduced a temporary rent cap and a temporary pause on enforcement of certain evictions, together with changes concerning unlawful-eviction damages. It was initially due to expire on 31 March 2023. Ministers had already extended Part 1 for six months to 30 September 2023.

The June statement proposed a further, final six-month extension, which would run to 31 March 2024 if approved. It explained that the Act’s sunset provisions prevented another extension of Part 1 beyond that date. This is historical information about a temporary framework, not a description of the rules applying to a rent increase today.

How reporting fitted together

Paragraph 1.5 said the statement replaced the need for a formal report on review of the operation of Part 1, under section 9(8). The document nevertheless provided updated material on the measures’ status and operation, stakeholder consultation, and information and advice for tenants.

That distinction matters when interpreting an archive story about a report not appearing on a particular timetable. A change in the statutory reporting vehicle does not, by itself, establish why individual administrative figures were or were not published. Claims about ministerial motives would require separate evidence.

The statement also recognised the difficulty of moving immediately from a temporary cap back to open-market rent adjudication. It described a power to modify the approach to adjudication as the temporary cap expired or was suspended. This was part of the government’s stated reasoning, rather than a guarantee about later outcomes.

Our reading is that temporary housing measures need to be followed through their commencement, extension and expiry documents. Keeping the jurisdiction and dates visible prevents an old emergency rule becoming an undated instruction. Tenants and landlords dealing with a present dispute should use current Scottish guidance and obtain advice appropriate to their circumstances.

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