Scottish Parliament calls for landlord feedback on permanent rent controls

Steve Lumley·26 April 2024·5 min read
Scottish Parliament calls for landlord feedback on permanent rent controls

Two Scottish Parliament committees are seeking input from landlords and the public on the new Housing (Scotland) Bill, which could see the permanent introduction of rent controls.

The Bill also covers key areas including eviction procedures, tenant rights and homelessness prevention.

Key tenant rights included in the Bill are:

  • Long-term rent controls for private tenancies
  • New rights to keep pets and decorate rented homes
  • Enhanced protection against eviction.

'Bill offers an opportunity to enact meaningful reforms'

Ariane Burgess of the Local Government, Housing and Planning Committee, said: "The new Housing Bill offers an opportunity to enact meaningful reforms that will positively impact the lives of tenants, homeowners, and communities across Scotland.

"Even before the Bill was published, we had already been gathering views from our tenant and landlord panels to learn about what both need from new legislation."

She added: "Now we want to hear from other stakeholders with an interest in Scotland's housing policies, to ensure that the Bill is responsive to and reflective of the significant challenges facing the sector."

'Ask and act' duty on social landlords

Scotland's new Housing Bill also proposes an 'ask and act' duty on social landlords and public bodies like health boards and the police.

This means they must actively assess individuals' housing situations and intervene to prevent homelessness.

The Bill also expands support for those at risk of homelessness up to six months in advance, with specific provisions for tenants experiencing domestic abuse.

This initiative forms a key part of the New Deal for Tenants, a joint effort by the Scottish Government and the Scottish Green Party.

Homelessness and domestic violence

Collette Stevenson of the Social Justice and Social Security Committee, which holds the remit on scrutiny of the homelessness and domestic violence aspects of the Bill, said: "Everyone should have a warm and safe place to live and tackling rising levels of homelessness across Scotland should be a priority for us all.

"The proposals in this Bill seek to shift the focus away from crisis intervention and towards homelessness prevention."

She adds: "It's important that we hear from a wide range of stakeholders, including tenants, landlords, advocacy groups, local authorities, and members of the public, to understand if the proposals go far enough to prevent so many people reaching crisis point."

Bill introduces several key measures

Propertymark highlights that the Bill introduces several key measures, including:

  • Rent control: Local authorities will assess rents in their areas and may recommend the implementation of rent controls, limiting how much landlords can increase rent.
  • Eviction delays: Courts and tribunals will have the power to delay evictions due to factors like seasonal pressures, health concerns, or financial hardship.
  • Damages for unlawful eviction: Tenants who are illegally evicted may be awarded compensation of up to 36 months' rent.
  • Pet ownership rights: Tenants will have the right to request permission to keep pets in their private rented homes, with landlords able to set reasonable conditions.
  • Decorating rights: Tenants will have more freedom to make small changes to their homes, such as hanging pictures, without needing permission. Landlords will still have a say in larger modifications.

Rent control proposals should be dropped

Timothy Douglas, Propertymark's head of policy and campaigns has met with Patrick Harvie to discuss the Bill - and assert that rent control proposals should be dropped.

It says the government should focus on other actions that would help make Scotland's private rented sector more affordable for tenants.

There also needs to be an adequate housing supply to meet growing demand and deal with inequalities of income and wealth.

Mr Douglas said: "Propertymark has raised concerns about the practicalities of the proposed requirements for rent assessments and reports, as well as the designation of rent control areas, including the capacity for already overstretched Local Authorities (LAs) to carry out these activities on top of existing statutory duties.

"The Scottish Government insists it will work with LAs to ensure they have the resources they need, but we are concerned that impact assessments that go alongside the legislation are still being worked up by officials."

'I would urge all landlords in Scotland to respond'

Simon Thompson, the managing director of Accommodation for Students, said: "I would urge all landlords in Scotland to respond to the survey.