P ART 1 5 R IGHT TO A FAIR RENT FOR PRIVATE SECTOR TENANTS 1 The fair rent consumer prices index cap (1) The 2016 Act is amended as follows. (2) In section 22 (landlord's power to increase rent), after subjection (6) insert— “(7) A rent increase notice under this section cannot increase rent by more than 10 the percentage increase equivalent to the consumer prices index for the 12 months preceding the date of the rent increase notice plus 1% ("the fair rent CPI cap"). (8) A rent increase notice that fails to comply with the fair rent CPI cap is of no effect and is not binding on the tenant. 15 (9) In this section, “consumer prices index” means the all items consumer prices index published by the Statistics Board. (10) The Scottish Ministers may by regulations make further provision about the fair rent CPI cap, including provision— (a) amending subsection (7) so as to substitute, for the percentage figure 20 for the time being specified there, a different percentage figure (and, for the avoidance of doubt, providing that the percentage figure may be a figure to be subtracted from the consumer prices index), (b) modifying or removing its application, (c) making different provision for different circumstances.”. 25 (3) In section 77(3) (regulation-making powers), after "12," insert "22(10),". 2 Tenant's right to apply for a fair rent to be determined (1) The 2016 Act is amended as follows.