SME Professional report Comparison of England’s proposed Renters’ Rights Bill and Scotland’s Tenants’ Rights Legislation

England’s proposed Renters’ Rights Bill (also referred to as the Renters’ Reform Bill) aims to “transform the renting experience” by strengthening tenant protections and reforming landlord obligations. In Scotland, major reforms – notably the Private Housing (Tenancies) (Scotland) Act 2016 – have already overhauled private renting, creating open-ended tenancies with robust tenant rights. This report compares key provisions of the proposed English bill with Scotland’s existing tenants’ rights framework, focusing on eviction rules, rent control measures, landlord responsibilities, and tenant rights. It also analyses the impact of the Scottish legislation (including subsequent measures like emergency rent caps) on letting agents and the broader rental market. We have highlighted key similarities and differences, and data from government sources and housing organisations are listed to illustrate market trends and outcomes.

Introduction

In comparing England’s upcoming Renters’ Rights Bill with Scotland’s established tenant protections, a pattern of convergence emerges: both aim to recalibrate the rental relationship to be fairer and more secure for tenants. Key similarities include the abolition of no-fault evictions, end of fixed term periods, limits on rent increase frequency, stronger remedies for disrepair, and moves toward registering landlords and ending discriminatory practices. England’s reforms, if passed, will in many ways catch up to Scotland’s head start in these areas. The differences lie in the specifics and extent of controls – Scotland has experimented with rent caps and mandates landlord/agent registration, going slightly further in regulation, whereas England is cautiously implementing protections with tribunals and ombudsmen without full rent control. These policy choices reflect different political climates and the fact that Scotland’s reforms have been phased in over several years (2016-2022), while England’s are being introduced in one legislative package now.

Scotland’s experience provides valuable lessons: tenant-centric laws have improved tenure security and did not deter rental supply significantly (11)(19) but they must be coupled with tenant awareness, enforcement resources, and housing supply measures to address affordability and prevent misuse of loopholes. Letting agents in Scotland are now more regulated and professional, setting a potential example for elevating standards across Britain’s rental sector. For landlords and investors, a stable regulatory environment with clear rules can be acceptable, but uncertainty (such as emergency interventions or unclear future caps) can affect confidence.

Going forward, both England and Scotland face the task of balancing tenant protections with sustainable investment, ensuring that the private rented sector can provide decent, affordable homes. This comparative look shows a trend toward stronger tenant rights on both sides of the border, with Scotland’s outcomes offering a largely encouraging picture of what such reforms can achieve – greater security for renters, maintained levels of investment, and a push for higher professionalism – as well as cautionary notes on affordability.

Tenancy security and eviction protections

One of the most significant changes in both jurisdictions is the move to end “no-fault” evictions – evictions where a landlord does not need to give a reason to regain possession of their property. Scotland eliminated no-fault grounds in 2017: under the 2016 Act, all new private tenancies are open-ended Private Residential Tenancies (PRTs), which can only be terminated if the tenant chooses to leave or if the landlord uses one of the statutory grounds for possession(1). In England, the Renters’ Rights Bill likewise proposes to abolish Section 21 “no-fault” evictions, converting assured shorthold tenancies into open-ended periodic tenancies with no fixed end date(2). This means landlords would no longer be able to evict tenants at the end of a term without cause, a change intended to improve security of tenure for English renters much as Scotland’s reforms did.

Rent controls and rent increase regulations

Rent regulation is another area of divergence. The Renters’ Rights Bill (England) stops short of imposing rent caps, but it would create measures to prevent sudden or frequent rent hikes. Under the bill, landlords can raise rent at most once per year, and tenants must receive advance notice of any increases (1). If a tenant finds a proposed increase excessive, they will have the right to challenge it through a tribunal, which can set a fair market rent. This process is comparable to Scotland’s existing system: since 2017, Scottish PRT tenants have been entitled to at least 3 months’ notice of a rent increase (no more than one increase in 12 months) and can refer the increase to Rent Service Scotland (a rent officer/First-tier Tribunal) for adjudication, which will determine the market rent for the property (6). In practice, however, very few Scottish tenants have used this adjudication route – less than 1% of tenancies, according to research – suggesting many renters may not be aware of or able to exercise this right (7).

England’s proposal may face a similar challenge: the effectiveness of a tribunal mechanism depends on tenant awareness and access. The suggestion in the Renters’ Rights Bill is that a rent increase, if taken by a tenant to tribunal, cannot be enforced until the tribunal has been resolved and will not be backdated, potentially encouraging a call for a tribunal to delay the implementation of a rent increase due to the expected high demand of this service.

Beyond limiting the frequency of increases, broad rent control (such as capping rent levels or tying them to inflation) has been debated. Scotland built in a moderate form of rent control with “Rent Pressure Zones” (RPZs) in the 2016 Act: local authorities can apply for an area to be designated an RPZ if rents are rising excessively, which, if approved by the Scottish Government, imposes a ceiling on in-tenancy rent increase percentages for up to 5 years. In practice, no RPZs were implemented under this scheme (the hurdles for evidence were high).

More dramatically, Scotland responded to the recent cost-of-living crisis by enacting temporary nationwide rent caps. Under emergency legislation in late 2022, most in-tenancy rent increases were frozen at 0%, later adjusted to a cap of 3% (with landlords able to ask a rent officer for up to 6% in exceptional cases)(8). This emergency cap, along with a short-term ban on most evictions, was in force until it expired on 31 March 2024. As of April 2025, Scotland has returned to the pre-existing system (annual increase allowed, subject to challenge to market rent), but the Scottish Parliament is considering new legislation (Housing (Scotland) Bill 2024) to enable stronger rent controls in the future(9).

By contrast, England’s Renters’ Rights Bill currently does not include any rent cap between or within tenancies – initial rents remain set by the market. Tenant advocates in England have been calling for “rent stabilisation” measures to be added, arguing that “a rent hike is as good as an eviction” for tenants who cannot pay more (10). Notably, despite fears that Scotland’s earlier regulation (like the 2012 ban on letting fees and the 2016 tenancy reforms) would drive up rents, data shows Scottish rent trends have been similar to or slower than the rest of the UK – for example, in the two years after Scotland banned tenant fees, rents rose at roughly the same rate in Scotland as in England, with no fee-induced surge as demonstrated by data collected by Crisis (11).

However, rents in both countries have been climbing recently due to supply-demand pressures, and Scotland’s research indicates that while in-tenancy increases were curbed for some sitting tenants, overall market rents for new tenancies have continued to rise significantly, hitting affordability for many renters. In January 2024, annual rent price inflation was actually slightly higher in Scotland (6.8%) than in England (6.1%) ONS data (12), reflecting that broader market forces, not just legal rules, drive rent levels.

Landlord responsibilities and tenant rights

The reform agendas in England and Scotland both expand landlord duties and bolster tenants’ rights, but they differ in approach and implementation. Landlord registration and oversight is one major contrast. Scotland has long required all private landlords to register with the local authority, a system in place since 2004. To be approved, landlords must meet fit-and-proper person criteria and operating without registration is a criminal offense. As of April 2024, there were over 238,000 private landlords registered in Scotland, covering 346,767 rental properties(13). Furthermore, Scotland introduced mandatory letting agent registration in 2018: any business carrying out letting agency work must be on the national register, have at least one manager with a regulated qualification, and adhere to a statutory Code of Practice. Non-compliance carries heavy penalties (fines up to £50,000 and even imprisonment).

England historically has not had a universal landlord licensing or registration scheme (aside from selective local licensing in some areas). The Renters’ Rights Bill moves toward that by creating a Private Rented Sector “Property Portal”, essentially a national landlord register where landlords must enroll and upload compliance (2). This portal will help tenants verify their landlord and help councils target enforcement. Additionally, the Bill will require all private landlords in England to join a new ombudsman redress scheme, so tenants have an accessible avenue for complaints and resolution without going to court. Scotland already provides a form of redress through the First-tier Tribunal, which tenants can access for issues ranging from illegal evictions to disrepair and agent code breaches.

Both nations recognise the need for better enforcement of standards: England’s proposal and Scotland’s practice both involve centralising information (via a portal or register) and strengthening local authority powers. For instance, the English reforms plan to strengthen council enforcement and make authorities report on their housing enforcement activity(2), responding to concerns of “low and inconsistent” enforcement in the past (14).

Landlords’ property standards and maintenance obligations are also being tightened. England intends to apply a Decent Homes Standard to the private sector, meaning properties must meet basic criteria for repair, facilities, and lack of serious hazards (a standard already applicable to social housing). Scotland’s equivalent is the Repairing Standard, in force since 2007 and updated over time, which sets minimum requirements (for example, homes must have safe electrical systems, heating, fire detection, etc.). Tenants can enforce repairs through the tribunal if landlords fall short.

Both countries ban retaliatory eviction of tenants who complain about disrepair (England bolstered this in earlier legislation, and ending no-fault evictions further protects tenants who assert their rights). The Renters’ Rights Bill also explicitly bans landlords from refusing to rent to tenants on the basis of receiving benefits or having children – outlawing so-called “No DSS” and no-children policies. While such blatant discrimination had already been challenged in courts and via industry codes, making it explicitly illegal in statute will strengthen tenants’ protection against arbitrary exclusion. Scotland did not separately legislate this issue; however, many major letting websites and agents in Scotland also stopped using “No DSS” ads following UK equality case law, and any such blanket policy could be challenged as indirect discrimination under existing law.

Another tenant-friendly reform in England is the right to keep pets. The bill would require landlords to consider and not unreasonably refuse a tenant’s request to have a pet, with the option to demand pet insurance for potential damage (2). This is a cultural shift, since currently many leases have outright no-pet clauses. In Scotland, there isn’t a legal right to a pet in tenancy law; pet permission is left to the tenancy agreement. The Scottish Government’s recommended model tenancy agreement does encourage landlords to be open to pets by default, but it’s not binding. Thus, England’s bill goes a step further on this particular tenant lifestyle right.

Both England and Scotland have already implemented measures like caps on tenancy deposits (both limit deposits to roughly five weeks’ rent by law) and bans on most tenant fees. Scotland prohibited all tenant fees (other than rent and refundable deposits) in 2012, years before England’s Tenant Fees Act 2019 did the same. This earlier ban in Scotland meant letting agents had to shift to charging landlords for their services rather than tenants. Notably, research found no evidence that the Scottish fee ban caused rents to rise faster; rent increases in Scotland remained in line with trends elsewhere in the UK (11).

By the time England banned fees, agents had a precedent that the market could adjust without dramatic effects on supply or pricing. Both countries also limit rent in advance demands. The Renters’ Right Bill prevents landlords accepting rent in advance of a tenancy starting, this will stop landlords from requiring more than one month’s rent upfront which will disadvantage tenants renting with credit issues, no guarantors or coming from overseas as this safeguard will no longer be available to landlords.

Impacts in Scotland: letting agents and rental market trends

Scotland’s reforms provide a real-world case study of how stronger tenant protections and regulations play out in the private rental market. After the 2016 Act and related measures took effect, researchers conducted multi-year studies to gauge impacts. Overall, the evidence suggests improved security and standards for tenants without a major loss of supply, though challenges in affordability persist.

In December 2024, the Scottish Association of Landlords (SAL) conducted surveys of landlords and letting agents to assess sectoral trends. (21)(22) The findings indicated that letting agents did not experience a reduction in the number of managed properties throughout the year. While landlords collectively withdrew approximately 8.5% of their properties from the private rented sector during 2024, letting agents reported a net increase in managed stock. This resulted in a marginal overall growth in portfolio sizes compared to 2023.

These findings align with commentary from the National Residential Landlords Association (NRLA), which, in discussions with a cross-party group of Members of Parliament, cautioned that many landlords in England were considering exiting the sector. (23) This suggests that landlords are becoming increasingly strategic in managing their portfolios – retaining only those properties that yield the highest returns and reconsidering management approaches. It is probable that a proportion of self-managing landlords transferred the management of their properties to letting agents in response to the growing complexity of legislative requirements, thereby contributing to an overall increase in the number of properties under professional management.

The SAL survey also highlighted a significant shift in rent-setting practices. In 2024, 61% of landlords in Scotland reported implementing annual rent increases, a marked rise from just 8% in previous years. Furthermore, a greater proportion of properties were reported to be let at market rent levels, which has contributed to increased revenue streams for letting agents.

Landlord behavior and investment patterns

Scottish landlords have, on the whole, adapted to the post-2016 regime, but their behavior and future investment plans are influenced by the profitability and predictability of the market. Landlord surveys indicate that after a few years of PRT in practice, most landlords were no less likely to continue renting out their property because of the reforms. In fact, one multi-year panel survey found no evidence of a higher dropout rate of landlords in Scotland relative to trends elsewhere – the number of registered landlords remained high.

The RentBetter project reported that the “vast majority” of private landlords have accepted the new system, with many finding the outcome not as onerous as feared(19). They appreciate, for instance, that the law still allows eviction for genuine reasons like selling or moving in (providing an exit strategy when needed), and that they can still remove tenants for non-payment or bad conduct (though it now requires tribunal action rather than a simple notice).

The average tenancy lengths have increased under PRT, which can mean more stable rental income for landlords if they have good tenants. Indeed, about 80% of Scottish tenants in one survey felt confident they could stay as long as they wanted(19) which implies landlords are not routinely churning their tenancies.

That said, the prospect of tighter rent controls has stirred concern in the landlord community. The emergency rent freeze of 2022 was a wake-up call: some landlords with slim margins (for example, those facing rising mortgage rates) complained that they were squeezed by not being able to raise rent at least in line with costs. Organisations like the National Residential Landlords Association (NRLA) and Propertymark have warned that imposing long-term rent control could disincentivise investment and maintenance (9). They argue that if landlords expect below-market returns, some will exit, worsening the housing shortage. The Scottish Government’s own analysis acknowledges a risk of unintended consequences if policies are not balanced – for instance, a regulatory change that is too strict could prompt landlords to sell into the owner-occupied market, reducing PRS supply(19). So far, any such effect appears limited: the PRS is slightly smaller as a share of housing than a few years ago (14% down to ~13%), but in absolute terms the number of PRS homes is near its peak (13).

Institutional investment (large-scale corporate landlords) in Scotland’s PRS remains low, partly because of the market’s size and perhaps wariness of regulatory shifts. Build-to-rent developments have been slower to take off in Scotland than in some English cities, though interest is emerging slowly. This means the Scottish rental market is still dominated by small landlords who may be more sensitive to policy changes. Many of these landlords are individuals balancing rental income against other costs; for them, measures like the loss of no-fault eviction or temporary rent caps are significant but not necessarily deal-breakers if their property continues to appreciate and find tenants. Indeed, the capital value of rental properties (tied to the general housing market) has risen over time, providing landlords with asset growth even if rental yields face some constraints.

In terms of property investment patterns, one outcome of greater tenant security is that rentals behave a bit more like long-term housing rather than short-term leases. Some landlords have adjusted by planning for longer holding periods of their investment, since rapid “flipping” of tenants or frequent rent hikes are less feasible. Others have used the grounds in the law to exit: for example, selling a property with vacant possession by using the eviction ground for sale.

New investment is still coming in – for instance, landlords continue to register new rental properties each year, especially in high-demand areas. But compared to pre-2016, prospective landlords now must accept a more regulated environment in Scotland. This might slow the entry of purely speculative landlords, while attracting those prepared for a stable, long-term rental business. Tenant outcomes, from a consumer perspective, have improved in terms of security: the rate of homelessness applications from private tenants fell in Scotland after the reforms, narrowing the gap between PRS and social tenants’ housing stability (11). This suggests fewer people are being evicted into homelessness, a positive social impact.

From a broader market view, Scotland’s case illustrates that tenant-friendly laws can coexist with a healthy rental market, though they are not an easy answer for issues like affordability or housing supply. Rental supply has been influenced by many factors beyond tenancy law (e.g. tax changes, economic cycles, and Covid-19 impacts on the student and urban rental markets). Disentangling those effects is complex. As of 2024, there is vigorous debate in Scotland about the next steps – how far to go with rent control, how to encourage continued investment, and how to increase affordable housing options.

The Scottish Government has signaled that future policy will be evidence-led and will include regular reporting on the rental sector (9). England, in rolling out its Renters’ Rights Bill, is surely watching Scotland’s experience. So far, the evidence from Scotland offers reassurance that giving tenants more rights (ending no-fault evictions, limiting rent increases, regulating agents) did not crash the market: tenants gained security and confidence (with 80% confident they can stay as long as they wish (19) and landlords largely continued their businesses (with most finding the new system reasonable (19)). At the same time, Scotland’s challenges – tenants often unaware of their rights, many not seeking redress for substandard conditions, and rents rising due to housing- show that legislation alone isn’t enough. It requires effective enforcement and broader housing strategy to truly “fix” the renting sectors.

Sources

  1. Scottish Government – grounds https://www.gov.scot/publications/private-residential-tenancies-landlords-guide/pages/grounds-for-eviction/
  2. Renters rights bill https://commonslibrary.parliament.uk/research-briefings/cbp-8756/#:~:text=,repeatedly%20build%20up%20rent%20arrears
  3. Commons Library  https://commonslibrary.parliament.uk/research-briefings/cbp-8756/#:~:text=Tenant%20bodies%20are%20concerned%20that,by%20two%20to%20three%20years
  4. Scottish housing news- summary of RentBetter reports https://www.scottishhousingnews.com/articles/new-research-reveals-impact-of-fundamental-reforms-to-the-private-rented-sector-in-scotland#:~:text=However%2C%20legislation%20has%20not%20gone,the%20new%20grounds%20for%20eviction
  5. Commons Library English court https://commonslibrary.parliament.uk/research-briefings/cbp-8756/#:~:text=Landlords%20are%20focused%20on%20the,justice%20system%20are%20in%20place
  6. Scottish Parliament rent increases https://spice-spotlight.scot/2025/04/07/rent-adjudication-a-return-to-the-status-quo/#:~:text=The%20Act%20introduced%20a%20cap,end%20on%2031%20March%202024
  7. Nationwide foundation research into Scottish PRS https://nationwidefoundation.org.uk/groundbreaking-new-research-provides-insights-into-the-impact-of-private-rented-sector-legislation/
  8. Spice Scotland rent increases https://spice-spotlight.scot/2025/04/07/rent-adjudication-a-return-to-the-status-quo/#:~:text=In%202022%2C%20emergency%20legislation%2C%20the,living%20in%20the%20rented%20sector
  9. City Lets news https://www.citylets.co.uk/blog/more-scottish-letting-agents-turning-to-professional-support-amid-legislative-changes/#:~:text=There%20are%20also%20numerous%20pieces,issues%20like%20limited%20housing%20stock
  10. Shelter https://england.shelter.org.uk/support_us/campaigns/renters_rights_bill#:~:text=,with%20the%20cost%20of%20renting
  11. Crisis rent increase data https://www.crisis.org.uk/about-us/crisis-blog/has-private-sector-regulation-improved-things-for-renters-in-scotland/#:~:text=Again%20the%20answer%20is%20no%2C,Shelter%20and%20Scottish%20Government%20figures
  12. ONS data https://cy.ons.gov.uk/economy/inflationandpriceindices/bulletins/indexofprivatehousingrentalprices/january2024#:~:text=Index%20of%20Private%20Housing%20Rental,Within%20England%2C
  13. Consumer Scotland https://consumer.scot/publications/a-fairer-rental-market-consumer-challenges-in-the-private-and-social-rented-sectors-html/#:~:text=While%20Private%20Rented%20Sector%20,owned%20three%20or%20more
  14. Commons Library https://commonslibrary.parliament.uk/research-briefings/cbp-8756/#:~:text=Although%20local%20authorities%20have%20extensive,barrier%20to%20effective%20enforcement%20action
  15. Crisis PRS Growth https://www.crisis.org.uk/about-us/crisis-blog/has-private-sector-regulation-improved-things-for-renters-in-scotland/#:~:text=As%20the%20chart%20shows%2C%20there,growth%20in%20England
  16. Consumer Scotland tenant data https://consumer.scot/publications/a-fairer-rental-market-consumer-challenges-in-the-private-and-social-rented-sectors-html/#:~:text=Data%20collected%20in%20Scotland%E2%80%99s%20Census,1
  17. Consumer Scotland rental data https://consumer.scot/publications/a-fairer-rental-market-consumer-challenges-in-the-private-and-social-rented-sectors-html/#:~:text=Scottish%20Household%20Survey%20data,of%20all%20households%2C%20in%202019
  18. Consumer Scotland landlord information https://consumer.scot/publications/a-fairer-rental-market-consumer-challenges-in-the-private-and-social-rented-sectors-html/#:~:text=the%20vast%20majority%20of%20PRS,owned%20three%20or%20more
  19. Scottish Housing news summary of RentBetter reports https://www.scottishhousingnews.com/articles/new-research-reveals-impact-of-fundamental-reforms-to-the-private-rented-sector-in-scotland#:~:text=The%202016%20changes%20have%20not,which%20brought%20in%20the%20PRT
  20. Consumer Scotland PRS https://consumer.scot/publications/a-fairer-rental-market-consumer-challenges-in-the-private-and-social-rented-sectors-html/#:~:text=,so%2C%20the%20extent%20of%20this
  21. SAL Landlord and investor survey https://scottishlandlords.com/news-and-campaigns/news/landlord-portfolio-and-investment-survey-2/
  22. SAL Letting agent and business survey https://scottishlandlords.com/news-and-campaigns/news/letting-agent-business-and-market-survey-2/
  23. NRLA https://www.nrla.org.uk/news/landlord-confidence-record-lows-renters-rights-committee

General: Government legislation and briefings (House of Commons Library commonslibrary.parliament.uk; Scottish Government and legislation scottishhousingnews.comscotland.shelter.org.uk), housing research reports (RentBetter study scottishhousingnews.com), housing charities (Shelter, Crisis) analysescrisis.org.uk, crisis.org.uk, and official statistics on the rental market consumer.scot. These provide a fact-based foundation for comparing the legal frameworks and understanding their impact on stakeholders in the private rented sector, RentBetter reports https://rentbetter.indigohousegroup.com/

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