Changes to Tenancies – Housing (Scotland) Act 2025
There are some changes to Scottish housing law which will affect your tenancy. Some of these changes, which are part of the Housing (Scotland) Act 2025, will come into force on 1 August 2026, with further changes coming into force on 6 October 2026.
To support the changes, the Scottish Government has published a new model Scottish secure tenancy and short Scottish secure tenancy agreements for use from 1 August 2026. As a result, we don’t need to issues tenants with a new tenancy agreement, however we have written to you to advise you of the changes.
We have outlined the changes below, which will automatically apply from 1st August 2026:
Domestic Abuse
In certain circumstances, a social landlord may apply to the court to end the tenancy rights of a tenant, including a joint tenant, who has behaved abusively and transfer the tenancy to the victim-survivor. This is intended to help someone experiencing domestic abuse remain in their home, community, school or support network, where it is safe and appropriate.
The court will decide whether the legal tests have been met, including whether the property is the victim-survivor’s only or principal home and whether the behaviour meets the legal definition of abusive behaviour. We will consider each case carefully, sensitively and confidentially, and will work with specialist support services where appropriate. For further information, please see our Domestic Abuse Policy.
The Housing (Scotland) Act 2025 also strengthens the focus on the support that social landlords should provide tenants who have experienced, are experiencing, or may be at risk of domestic abuse. Domestic abuse can include, but is not limited to, physical harm, psychological harm, threatening behaviour, controlling behaviour, coercive behaviour, or behaviour carried out through another person.
If you are affected by domestic abuse, or are worried about someone else, you can contact us in confidence on 0141 429 3900 or admin@newgorbalsha.org.uk. If there is an immediate risk of harm, you should contact the police or emergency services. Local and national support services are also available.
Tenancy Succession
From 1 August 2026, the rules on who may succeed to a Scottish secure tenancy after a tenant dies are changing. With the exception of a spouse or civil partner, anyone wishing to succeed to the tenancy must have lived in the property as their only or principal home for at least six months immediately before the tenant’s death. This was previously 12 months. The six-month period cannot begin unless we have been told that the person is living in the property as their only or principal home. All other rules relating to succession still apply.
Rent Increase Notices
From 1 August 2026, the rules on how rent increase notices may be given are changing, allowing notice to be sent by email in certain circumstances. If we propose to increase your rent, we will give you notice in line with the legal requirements. The notice will explain what the proposed increase means, the new rent amount and any steps you can take if you have questions or concerns.
Keeping Pets
The Housing (Scotland) Act 2025 introduces a new right for Scottish secure tenants to ask for written permission to keep a pet. We must not unreasonably refuse a request and must respond in writing within one month. Our response must confirm whether permission is granted, whether any reasonable conditions apply, or why permission has been refused.
Further requirements may be set out in future regulations or guidance.
Damp & Mould Repairs
From 6 October 2026, new duties relating to damp and mould repairs, commonly referred to as “Awaab’s Law”, are expected to come into force through the Investigation and Commencement of Repair (Scotland) Regulations 2026.
These duties will introduce clear timescales for landlords to investigate reports of damp and mould, tell tenants the outcome of the investigation in writing and begin any necessary repair works. They are intended to strengthen existing protections and help ensure that damp and mould are dealt with promptly.
In the meantime, please continue to report any concerns about damp or mould as soon as possible. We will update our policies and procedures to reflect the new legal requirements and provide further information in due course.
Other Changes Not Yet in Force
The Housing (Scotland) Act 2025 contains other changes that have not yet come into force. These include changes relating to homelessness prevention, repossession proceedings and further protections for tenants.
We will provide further information when the Scottish Government confirms the relevant commencement dates, regulations and guidance. Until then, your current tenancy rights and responsibilities continue to apply, subject to any changes already brought into force by law.
Keeping in Touch
We are also changing how we communicate with tenants. Where we hold your email address or mobile number, we will usually contact you by email or text message.
If you would prefer to receive letters by post, please let us know. We will continue to provide paper communications to any tenant who prefers or needs them, and you can change your preference at any time.
If we do not have your email address or mobile number and you would like to hear from us electronically, please visit www.surveymonkey.com/r/NGHAemail to provide your details.
If you have any questions about this letter, your tenancy, or support available to you, please contact us at our office, by phone on 0141 429 3900, or by email at admin@newgorbalha.org.uk. You may also wish to seek independent advice from a solicitor, Citizens Advice, Shelter Scotland, or another independent advice agency.