1. The purpose of this technical note is to update Members on the temporary modifications to the law in relation to rent controls and evictions. The Cost of Living (Tenant Protection) Act 2022 (the “2022 Act”) came into force on 28 October 2022 and introduced a rent cap for residential tenancies and protection against eviction from residential properties.
2. The provisions will expire at the end of 31 March 2024. The final date is built into the legislation and cannot be extended further.
3. The emergency moratorium on the enforcement of evictions will remain in place until 31 March 2024 and applies to those in social housing with rent arrears above £2,250. From 1 April 2024, there will be no minimum level of rent arrears required to pursue eviction at the Sheriff Court or Housing Tribunal.
4. From 1 April 2024, rent arrears procedures will revert to the Council’s Rent and Arrears Policy that allows, where reasonable, to raise court action and evict for serious rent arrears that could be below this amount.
5. The temporary rent cap for private rented tenants will no longer apply from 1 April 2024. Until then, the cap remains set at 3% or 6% is specific circumstances.