Rent cap for assured tenancies and short assured tenancies 2 (1) Subject to sub-paragraph (2), the Housing (Scotland) Act 1988 (“the 1988 Act”) applies in accordance with the modifications in this paragraph. 30 (2) The modifications set out in this paragraph have no effect in relation to— (a) a notice under section 24(1) of the 1988 Act that is served by a landlord under an assured tenancy or a short assured tenancy on the tenant— (i) before 6 September 2022, and (ii) in accordance with Form AT2 as specified in the schedule of the Rent 35 Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 (S.S.I. 2017/349), (b) a referral under section 25(1) of the 1988 Act, or an application under section 34(1) of the 1988 Act, made to the First-tier Tribunal for Scotland before the day on which this paragraph comes into force. 40 (3) The 1988 Act has effect as if after section 23 there were inserted— 15 Cost of Living (Tenant Protection) (Scotland) Bill Schedule 1—Rent cap “23A Rent cap controls (1) Except in the case of an exempt tenancy, on or after 6 September 2022, the landlord under an assured tenancy or a short assured tenancy may not increase the rent payable under the tenancy by more than the permitted rate. 5 (2) For the purposes of this Part, the “permitted rate” is 0%. (3) The Scottish Ministers may by regulations substitute a different percentage for the one for the time being mentioned in subsection (2). (4) Regulations under subsection (3) are subject to the affirmative procedure. (5) Any notice served under section 24(1) on or after 6 September 2022 during a 10 period when the permitted rate is 0% is of no effect. 1 (6) In subsection (1), “exempt tenancy” means— (a) a statutory assured tenancy which includes a term of the type mentioned in paragraph (a) of subsection (5) of section 24, or (b) a contractual tenancy which makes provision of the type mentioned in 15 paragraph (b) of that subsection.”. (4) Section 24 (increases of rent under assured tenancies) has effect as if— (a) before subsection (1) there were inserted— “(A1) This section does not apply where the permitted rate is 0%.”, (b) in subsection (1), at the beginning there were inserted “Subject to subsection 20 (1A)”, (c) after subsection (1) there were inserted— “(1A) The landlord may not serve a notice under subsection (1) proposing an increase in the rent under an assured tenancy of more than the permitted rate.”, (d) in subsection (3)(a), for “the First-tier Tribunal” there were substituted “the relevant 25 rent officer”, (e) subsection (3)(b) has effect as if the words “agree on a variation of the rent which is different from that proposed in the notice or” were repealed, (f) after subsection (4) there were inserted— “(4A) The Scottish Ministers may by regulations amend subsection (4) to permit the 30 rent payable under an assured tenancy to be increased a second time within a 12 month period in such circumstances as may be specified in the regulations. (4B) Regulations under subsection (4A) are subject to the affirmative procedure.”, (g) after subsection (6) there were inserted— “(7) This section is subject to sections 24E to 24G (applications to rent officer and 35 First-tier Tribunal for uplift). (8) This section and sections 24A to 24K apply in relation to a short assured tenancy as they apply in relation to an assured tenancy (and references in these sections to an assured tenancy are to be read as including references to a short assured tenancy). 40 (9) In this Part— “First-tier Tribunal” means the First-tier Tribunal for Scotland, 16 Cost of Living (Tenant Protection) (Scotland) Bill Schedule 1—Rent cap “relevant rent officer”, in relation to a house let under an assured tenancy or a short assured tenancy, means a rent officer (within the meaning of section 43 of the Rent (Scotland) Act 1984) for the area in which the house is situated.”. 5 (5) The 1988 Act has effect as if after section 24 there were inserted— “24A Consideration of notice to increase rent by rent officer (1) Where a rent officer receives a referral under section 24(3)(a), the rent officer is to decide whether the new...