Important Changes to Scottish Housing Law in 2026
We recently wrote to all tenants to let them know about changes to Scottish housing law that may affect Scottish secure tenants and short Scottish secure tenants. Some of these changes came into force on 1 August 2026, with further changes due to come into effect on 6 October 2026. For most tenants there is nothing you need to do at this stage, but we want to make sure you are aware of the changes and know where to get support if needed.
Changes Introduced on 1 August 2026
Domestic Abuse and Tenancy Rights
New legislation now gives social landlords additional powers to help victim-survivors of domestic abuse remain safely in their home, where it is appropriate and safe to do so.
In certain circumstances, a social landlord may be able to apply to the court to remove the tenancy rights of a tenant who has behaved abusively and transfer the tenancy to the victim-survivor. The aim is to reduce the likelihood of someone experiencing domestic abuse having to leave their home, community, school or support network as a result of the abuse.
Each case will be considered carefully, sensitively and confidentially, with the court deciding whether the legal requirements have been met. If you are affected by domestic abuse, support is available. Please contact Ark in confidence if you need help or advice.
Changes to Succession Rights
The rules on who may succeed to a Scottish secure tenancy after a tenant dies have changed. In certain circumstances, the qualifying period for someone who has been living in the property as their only or principal home has reduced from 12 months to 6 months. There are also changes to how long someone can remain in the property if they are entitled to succeed to the tenancy but choose not to do so.
Rent Increase Notices
Changes to legislation now allow social landlords to issue rent increase notices by email in certain circumstances.
If Ark proposes a rent increase, we will continue to provide the required notice and explain what it means, including any options available if you have questions or concerns.
Changes Coming into Effect on 6 October 2026
Damp and Mould Repairs
New repair-related duties, often referred to as Awaab's Law, will introduce clear timescales for landlords to:
Investigate reports of damp and mould.
Inform tenants of the outcome in writing.
Begin any necessary repair works.
These changes are intended to strengthen existing protections and help ensure damp and mould issues are dealt with promptly. If you experience damp or mould in your home, please continue to report it as soon as possible using Ark's normal repair reporting process.
Further Changes Expected
The Housing (Scotland) Act 2025 includes additional changes that are not yet fully in force, including measures relating to homelessness prevention, repossession proceedings and further protections for tenants. We will continue to keep tenants informed as further details and implementation dates are confirmed.
Need More Information?
If you have any questions about these changes, your tenancy, or the support available to you, please contact Ark on 0131 478 8143.
You can also seek independent advice from organisations such as Citizens Advice, Shelter Scotland, a solicitor or another independent advice service.