CONTROVERSIAL Holyrood legislation freezing rents and banning evictions this winter has become law despite mooted legal action by landlords.

Passed by MSPs as an emergency measure in just three days, the Cost of Living (Tenant Protection) Act has now received Royal Assent and entered the statute book.

Steered through parliament by Green co-leader Patrick Harvie, the law allows ministers to cap rent increases for private and social tenants, as well as for student accommodation.

The cap has initially been set at zero per cent from September 6 to the end of March 2023, effectively banning in-tenancy rent increases during this period, unless landlords are themselves in financial difficulty. 

The law also allows ministers to impose a cap for a further year. 

There is also a ban on evictions for an initial six months, unless tenants are guilty of criminal or antisocial behaviour, or landlords need to sell up.

Damages for unlawful evictions have been raised to a maximum of 36 months’ worth of rent.

Around 38% of Scotland's households rent their homes.

The measures have been opposed by many landlord groups, including housing associations, who warn  uncertainty over rent income will deter investment and reduce the number of properties on the market.

There remains the possibility of a legal challenge to the legislation, which was passed by MSPs on October 6 by 89 votes to 27.

Earlier this month, four groups representing landlords and letting agents instructed Lord Davidson of Glen Clova KC to consider whether the bans breached their rights.

However the Scottish Association of Landlords, Propertymark, the National Residential Landlords Association and Scottish Land and Estates have not yet gone to court. 

Mr Harvie, the Tenants’ Rights Minister, said: “Many people who rent their homes are facing real difficulties as a result of the cost of living crisis. 

“While bills are rising for all of us, many tenants are more exposed as they are more likely to be on low incomes or living in poverty than other people.

“These measures aim to give tenants greater confidence about their housing costs and the security of a stable home.

“Some landlords may be feeling the effects of this crisis too.

"So while the primary purpose is to protect tenants, the emergency measures also include safeguards for those landlords who may be impacted. 

“For anyone struggling with their rent, I would urge you to contact your landlord, an advice organisation or a tenants’ union to get help as early as possible.”