.”, (c) after subsection (4) there were inserted— “(5) A notice under subsection (1) given by the landlord under a Scottish secure tenancy to increase the rent payable under the tenancy is of no effect if— (a) the notice is given on or after 6 September 2022, and 25 (b) at the time the notice is given the permitted rate is 0%. (6) In this section, “permitted rate” has the same meaning as in section 24A(2). (7) Nothing in this section prevents the landlord under a Scottish secure tenancy who proposes to increase the rent or any other charge payable under the tenancy that is payable by all (or any description) of its tenants from— 30 (a) consulting those of its tenants who would be affected by the proposal, and (b) having regard to the views expressed by those consulted.”. (4) Section 109(6) (orders and regulations) has effect as if after “7(3)” there were inserted “or 24A(3)”. 35 Rent cap for student residential tenancies 4 (1) Sub-paragraph (2) applies where a student residential tenancy permits the landlord under the tenancy to increase the rent payable under the tenancy during the period of the tenancy. (2) On or after the day on which this paragraph comes into force, the landlord may not 40 increase the rent payable under the tenancy by more than the permitted rate. 24 Cost of Living (Tenant Protection) (Scotland) Bill Schedule 2—Protection from eviction (3) For the purposes of this paragraph, the “permitted rate” is 0%. (4) If the rent payable under the tenancy is increased by more than the permitted rate (“impermissible new rent”)— (a) the rent payable under the tenancy is to be treated as being the rent payable under 5 the tenancy immediately before the increase took effect as increased by the permitted rate (“permissible new rent”), and (b) the amount of impermissible new rent above the amount of permissible new rent is not recoverable from the tenant. (5) The Scottish Ministers may by regulations substitute a different percentage for the one 10 for the time being mentioned in sub-paragraph (3). 1 (6) Regulations under sub-paragraph (5) are subject to the affirmative procedure. (7) In this paragraph— “rent” means any sums payable periodically by the tenant to the landlord in connection with the tenancy (and includes, for the avoidance of doubt, any sums 15 payable in respect of services, repairs, maintenance or insurance) but does not include any sums payable by the tenant under the tenancy in connection with excessive use of any utilities by the tenant, “student” has the same meaning as in paragraph 5 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”), 20 “student residential tenancy” means a tenancy— (a) the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and (b) to which paragraph 5(2) or (3) of schedule 1 of the 2016 Act (tenancies which cannot be private residential tenancies) applies. 25 SCHEDULE 2 (introduced by section 2) P ROTECTION FROM EVICTION Eviction from residential properties: restrictions on enforcement 1 (1) Where a decree for removing is granted in proceedings raised after this paragraph comes 30 into force, no person may— (a) serve a charge for removing in respect of the decree, (b) execute the decree. (2) Where a decree of removing is or was granted in proceedings raised before this paragraph comes into force in relation to an eviction notice served on or after 6 September 2022 35 or, in proceedings raised on or after that date (and before this paragraph comes into force) without the need for an eviction notice, no person may— (a) if a charge for removing has not been served in respect of the decree, serve any such charge, 25 Cost of Living (Tenant Protection) (Scotland) Bill Schedule 2—Protection from eviction (b) if the decree has not been executed, execute the decree. (3) Sub-paragraphs (1) and (2) apply until the earlier of— (a) the end of a period of 6 months beginning with the day on which the decree for removing is or was granted, 5 (b) the expiry or suspension of this paragraph in accordance with Part 2. (4) In a case where the decree for removing relates to a student residential tenancy, sub-paragraphs (1) and (2) do not apply where the decree is or was granted in respect of circumstances which are the same as those described in either of the following paragraphs— 10 (a) paragraph 2 (criminal behaviour...