The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025, marking a significant change to Scotland’s private rented sector. If you let property in Annan, whether that is an older home around Victoria Road, a property in Silverwalk or a flat near Annan Harbour, the Act matters to you.
The important point in September 2026 is that the Act does not operate as one single switch. Some provisions and supporting powers are already in force, other changes have fixed future dates, and several headline measures still need secondary legislation before they affect day-to-day tenancies.
That distinction matters. Updating a process too late can create compliance risk, but presenting a future rule as if it already applies can also mislead landlords and tenants. This guide separates the current position from the changes that are still to come, then sets out practical steps for landlords across DG12.
What the Act changes and why commencement dates matter
The Act creates the legal framework for rent control areas, new rights relating to pets and personalising rented homes, changes to rent adjudication, and a range of wider housing measures. Royal Assent confirms that the legislation has become an Act, but most operational provisions only take effect when commencement regulations bring them into force and, where required, further regulations provide the detail.
For Annan landlords, the safest approach is to keep three separate lists: rules that apply now, changes with a confirmed future start date, and measures for which no start date has yet been set. Policies, tenancy templates and staff guidance can then be updated at the right time.
This is particularly important for pet requests and home personalisation. The Act contains the new rights, but as at September 2026 the Scottish Government says their operational start dates have not been set and further secondary legislation is required. They should be planned for, but they should not be described as current tenant rights under the 2025 Act.
Rent controls in Dumfries and Galloway
The current position in September 2026
The Act allows Scottish Ministers to designate rent control areas where doing so is considered necessary and proportionate. From 1 April 2026, local authorities have been required to assess rent conditions and report to Scottish Ministers. Their first reports are due no later than 31 May 2027.
At the time of writing, landlords should check the Scottish Government’s current rent-control information before making decisions or publishing an advert. The published process is evidence-led: an assessment must consider rent levels, rates of increase and local impacts, and Ministers must consult the relevant local authority and representatives of landlords and tenants before designating an area.
This means the existence of the national framework does not, by itself, impose a local cap on every Annan tenancy. A landlord should not assume that DG12 is controlled simply because the Act is in force, and should not assume that the position can never change. The status of the property’s exact location must be checked whenever a rent review or new letting is planned.
How a future rent control area would work
Where an area is formally designated, the standard cap for applicable private residential tenancies is CPI plus 1%, subject to a maximum increase of 6%. The framework can apply both during and between tenancies, although the legislation and supporting regulations also provide for exemptions and specified situations in which the normal cap does not apply.
The Scottish Government identifies examples that may sit outside the standard cap, including certain properties new to the private rented sector and some exempt categories. These details matter because a broad statement such as ‘all rents will be capped’ would be inaccurate. Landlords should work from the designation and current regulations that apply at the time, not from a summary headline.
A designation can last for up to five years and must be kept under review. If Dumfries and Galloway, or part of it, were considered for designation, the exact mapped area, effective date, exemptions and advertising requirements would all need to be checked. A property being in the DG12 postcode would not be enough information on its own unless the designation used that same boundary.
Information requests during local assessments
Since 1 April 2026, local authorities and Scottish Ministers have had powers to request information about rented properties and rent levels for the assessment process. Landlords should therefore keep reliable records of the rent charged, tenancy dates, notices served and relevant property details.
Good records are useful even if no request arrives. They make it easier to demonstrate when a rent last changed, confirm which tenancy terms apply, answer a manager or adviser accurately and avoid relying on memory when a deadline matters.
Rules Annan landlords need to follow now
Private residential tenancies
Since 1 December 2017, almost all new private tenancies in Scotland have been private residential tenancies under the Private Housing (Tenancies) (Scotland) Act 2016. A PRT is open-ended. A landlord cannot end it simply because a fixed term has expired and must rely on one or more of the 18 statutory eviction grounds, with the First-tier Tribunal able to consider whether eviction is reasonable.
Review the agreement used for each property rather than assuming every tenancy in a portfolio has the same status. Older assured or short assured tenancies can still exist where they began before the PRT system, so describing every private let as a PRT would be too broad. The written terms, start date and supporting notices should be checked property by property.
Rent increases and the current review window
For a current PRT outside a rent control area, a landlord can normally increase the rent only once in a 12-month period and must give at least three months’ written notice using the prescribed rent-increase notice. Telling a tenant informally, including only by conversation or an ordinary message, does not replace the correct form.
As at September 2026, Rent Service Scotland must receive a tenant’s application for a review within 21 days of the tenant receiving the notice. The Housing (Scotland) Act 2025 change that extends this period to 30 days is scheduled to take effect on 1 April 2027. Any internal checklist should show both dates so staff do not apply the future window early or continue quoting 21 days after it changes.
Before serving a notice, confirm the date of the last increase, the tenancy type, the correct current form and the evidence used to assess the proposed rent. Keep a copy of the completed notice and a record of how and when it was served. This creates a clear audit trail if the timing or amount is later questioned.
Scottish Landlord Register
Private landlords in Scotland generally need to be registered with the local authority for the area in which the property is let. Registration lasts for three years. A landlord who lets property without being registered or having applied to register can face enforcement action, including a fine of up to £50,000 and suspension of rent payments.
For a portfolio across DG12 or beyond, check that every let property appears under the correct registration and that contact details remain current. Do not wait for the expiry date to discover that an email address is out of date or a recently acquired property was not added.
Tenancy deposit protection
Where a landlord takes a tenancy deposit and no exemption applies, it must be protected in one of Scotland’s three government-approved schemes within 30 working days of the tenancy starting. The schemes are Letting Protection Service Scotland, mydeposits Scotland and SafeDeposits Scotland.
The tenant must also receive the required written information, including the deposit amount, the date it was received and protected, the scheme’s details, the property address, the landlord’s registration status and the circumstances in which deductions may be sought.
Failure to protect a deposit can lead the First-tier Tribunal to order protection or repayment and compensation of up to three times the deposit. The practical control is simple: record the tenancy start date, set the protection deadline immediately, save the scheme confirmation and retain proof that the prescribed information was given.
Rental advertising and discrimination
A separate change landlords and agents must already follow came into force across Scotland on 1 May 2026 under the Renters’ Rights Act 2025. It is unlawful to discriminate against prospective or current tenants because they have children or receive benefits.
Affordability and referencing checks can still be carried out, but policies must be applied consistently and must not exclude someone simply because part of their income comes from benefits or because children will live in or visit the home. Review advert wording, enquiry scripts, guarantor practices and automated filters as part of the same compliance audit.
Changes to prepare for but not misstate
Pet requests
The Housing (Scotland) Act 2025 creates a process under which a private residential tenant will be able to make a written request to keep a pet and a landlord will not be able to refuse unreasonably. The planned process includes a 30-day response period, possible reasonable conditions and a route for the tenant to challenge an unreasonable refusal or condition.
However, the Scottish Government states that no commencement date has yet been set and that further regulations are required. A blanket statement that tenants ‘can now keep pets’ is therefore misleading in September 2026. Existing tenancy terms continue to matter until the new process is commenced.
Landlords can still prepare. Review where pet terms appear in the agreement, decide who will receive written requests and create a neutral way to record relevant factors. A home with a private garden and a flat with shared common areas may raise different practical considerations, but decisions under the future scheme will need to follow the regulations rather than a blanket preference.
Personalising and changing a rented home
The Act also provides for greater rights to personalise a rented home after the tenant has lived there for six months. The planned system distinguishes minor category 1 changes from larger category 2 changes that require a written request and cannot be refused unreasonably.
That general personalisation scheme is not yet operational in September 2026, and the detailed categories still depend on regulations. Landlords should avoid promising or refusing rights by reference to rules that have not started.
Disability-related adaptations are different and already have protections under existing law. Requests for adaptations, auxiliary aids or services should be handled in writing and must not be unreasonably refused where the relevant Housing (Scotland) Act 2006 or Equality Act 2010 provisions apply. A request for grab rails or access work at a home on Windermere Road, for example, should be assessed under the existing legal framework and the facts of that property, not confused with the future decorating rules.
Changes with confirmed future dates
Two dates deserve a place in every landlord’s compliance calendar. From 6 October 2026, the qualifying residence period for certain people to succeed to a private residential tenancy after a tenant’s death reduces from 12 months to six months. From 1 April 2027, the tenant’s rent-review application window increases from 21 days to 30 days, and a rent officer or tribunal will not be able to set a rent above the increase originally requested by the landlord.
These dates are close enough to prepare forms and guidance now, but the September 2026 position must still describe them as upcoming. When each date arrives, use the latest official guidance because commencement arrangements and forms can be updated.
What the latest rental data says
The latest ONS local housing page available at the time of writing was updated on 19 August 2026. It reports that private rents in the Dumfries and Galloway broad rental market area averaged £554 a month in July 2026, up 6.1% from £522 in July 2025. The comparable Scottish average was £1,016.
Those figures provide useful regional context, but they are not a valuation for a particular Annan property. The ONS notes that Scottish rent data are mainly based on advertised new lets and that local estimates should be interpreted with care. Property type, size, condition, location and the terms of an existing tenancy all affect what evidence is relevant to an individual rent review.
The same release shows substantial variation by property size and type across the broad rental market area. Rather than lifting a regional average into a notice, landlords should compare genuinely similar homes and obtain current local advice where needed.
Annan projects and the rental market
Annan has visible long-term investment, but marketing claims should distinguish confirmed projects from proven rental effects. Work on the £15.65 million Annan Harbour regeneration project officially reached the groundbreaking stage in July 2026. The project is intended to create a heritage visitor centre, community hub, cafe, watersports lagoon and improved public spaces, with wider employment and skills benefits anticipated.
That is a legitimate local development to mention. It is not evidence by itself that a particular landlord will achieve a higher rent or that construction has already increased tenant demand. Any statement about the effect on an individual property should be supported by current local letting evidence.
Chapelcross also represents a strategic, longer-term development opportunity near Annan. Official planning material describes the site’s potential for green energy, advanced manufacturing and future employment, while also making clear that the development framework does not itself promise immediate investment activity. It is safer to describe future potential than to claim that the hub is already drawing a growing workforce into DG12 without supporting evidence.
A practical compliance workflow for Annan landlords
Check each property separately
Create a one-page record for every let property. Include the tenancy type and start date, rent and last increase date, landlord registration expiry, deposit scheme and protection date, current agreement version and any outstanding tenant requests. A single portfolio spreadsheet can help, but each entry should link back to the source documents.
Separate current law from planned policy
When reading an announcement, ask whether it describes an enacted power, a commenced duty or a proposal that still needs regulations. Record the official source and the date checked. This prevents an old briefing from being reused after the law changes and makes it easier to explain the position consistently to tenants.
Review communications before they are sent
Check rent notices, adverts, pet policy wording and alteration responses against the latest official forms and guidance. Avoid absolute promises such as ‘rent controls will never apply here’ or ‘all pet requests must now be accepted’. Accurate wording protects both the landlord and the tenant from avoidable misunderstanding.
Get advice for property-specific decisions
General guidance cannot determine whether a particular refusal is reasonable, whether an exemption applies or which notice is correct for an unusual tenancy. Where the facts are uncertain, seek advice from an appropriately qualified housing professional or solicitor before acting.
Your September 2026 action checklist
Use this checklist to bring the essentials together:
- Confirm the tenancy type and that the written terms are current.
- Check the Scottish Landlord Register entry and renewal date for every property.
- Confirm each relevant deposit was protected on time and the tenant received the required information.
- Review rent-increase records, use the prescribed notice and allow at least three months’ written notice.
- Keep the current 21-day rent-review window in guidance until the 30-day period begins on 1 April 2027.
- Do not present the new pet and general personalisation rights as operational before commencement.
- Prepare a fair written-request process for future pet and personalisation rules.
- Review advertising and referencing practices for the rules protecting people with children or benefits.
- Add 6 October 2026 and 1 April 2027 to the compliance calendar.
- Check the latest Scottish Government guidance before relying on any rent-control status.
Get the right support for your Annan rental
The Housing (Scotland) Act 2025 adds important changes to an already detailed regulatory framework. The immediate task is not to treat every provision as live. It is to understand what applies today, prepare for confirmed dates and monitor the measures that still need regulations.
Hunters Annan works with landlords across DG12 on letting, property management and local rental-market decisions. Whether you let a single property or manage a wider portfolio, a structured review can help you identify outdated documents, missed dates and processes that need attention.
Book a free valuation to discuss what your Annan rental property could achieve in the current market, or get in touch with Hunters Annan to talk through property management and the practical steps in this guide.
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