The cost-of-living crisis and property regulation

The Cost of Living (Tenant Protection) (Scotland) Act 2022 (COLA) introduced emergency measures to regulate rent increases and evictions for residential tenancies in Scotland. The lawfulness of these provisions was tested by three organisations with an interest in renting out residential accommodation – namely, the Scottish Association of Landlords, Scottish Land & Estates, and Propertymark Limited. This challenge through judicial review failed, and although concerning time-limited legislation, the decision has important implications. There are numerous pieces of legislation recently passed by, or progressing through, the Scottish Parliament, which result in greater regulation of property rights. The compliance of this legislation with Article 1, Protocol 1 (A1P1) of the European Convention on Human Rights (ECHR) is a continuing topic of conversation. At the moment, A1P1 is one of the most dynamic tools in an owner’s toolbox. However, the protection provided by this right is not absolute and the contours of this protection are becoming more defined in a Scottish context while the Scottish Parliament continues to implement multiple reforms to tackle social and environmental matters.