September 2025 – We provided MSPs with a briefing prior to the debate at stage 3 of the Housing (Scotland) Bill.
We continue to be supportive of the aims of the Housing (Scotland) Bill and its potential ability to alleviate some of the effects of child poverty in Scotland if properly implemented. Our previous briefings at Stage 1[1],[2] and Stage 2[3] are linked here for ease of reference.
Due to the volume of amendments, at this stage we are only briefing on amendments that we have directly been involved in discussing or developing. We encourage MSPs to vote for these amendments.
Amendments we support
Amendment 331 – Power to Restate Provisions of the 1987 Act dealing with Homelessness Prevention
Brought by Mark Griffen MSP
We believe this amendment, which is being introduced at stage 3 of the Bill, is crucial.
Amendment 331 aims to resolve an issue regarding the application of the UNCRC to part 5 of the Housing Bill which relates to homelessness prevention. We have repeatedly raised this issue throughout the passage of the Bill. Unless the Bill is amended the homelessness prevention duties will fall out of scope of the UNCRC (Incorporation) (Scotland) Act 2024.
Part 5 of the Housing Bill contains a number of welcome additional duties in relation to homelessness prevention. It does so by amending Part 2 of the Housing (Scotland) Act 1987. This is an Act of the UK Parliament and therefore is not within scope of the UNCRC (Incorporation) (Scotland) Act 2024. The new provisions Parliament is creating through this Bill would also therefore be out of scope. As such, when carrying out the duties within Part 5 there would be no obligation for the public authority to act in accordance with the UNCRC and crucially no power for children to challenge a failure to do so.
As things stand the Bill leaves some of the most vulnerable children without legally enforceable rights under the UNCRC. This undermines the overall functioning of the Bill and its ability to uphold the rights of children and young people experiencing poverty and homelessness.
Amendment 331 permits the Scottish Government to repeal and restate Part 2 of the 1987 Act, including the amendments made by Part 5 of this Bill. This amendment has been drafted very narrowly to allow only for the restatement of the relevant part of the Housing (Scotland) Act 1987, and only so that it can be brought into scope of the UNCRC (Incorporation) (Scotland) Act 2024. It is not giving Ministers wide-ranging powers to make changes to primary legislation through regulations. It would not result in the replication or duplication of existing law, as the provisions in the 1987 Act would be repealed and replaced.
There is a significant difference between this Bill being compatible with the UNCRC – and being in scope for the UNCRC (Incorporation) (Scotland) Act 2024. That difference is children being able to legally enforce their rights.
Amendment 307 and 308 – Care Leavers and Homelessness Prevention
Brought by Pam Duncan-Glancy MSP
These amendments seek to introduce a specific protection to ‘care leavers’ when faced with homelessness. Children who are considered ‘looked after’ by the local authority (as defined in the Children (Scotland) Act 1995) are entitled to additional throughcare and aftercare services when leaving care – this is in recognition of the specific challenges faced by this group. Often when faced with eviction, a lack of joined up services mean that some young people may not realise that they have these entitlements or that they may be entitled to additional support. That is why we think there should be an additional layer of protection built into the homelessness prevention duties to ensure that they are told about their rights and offered this support.
This will support the ambitions of the Promise. We support these amendments and urge members to vote for them.
Amendment 293 – Assignation of joint tenancies
Brought by Katy Clark MSP
We support this amendment which seeks to correct a potential issue within the Bill regarding joint tenancies.
The new provisions within the Housing (Scotland) Bill allow for an important change in law surrounding joint tenancies – they change a flaw which meant that for a joint tenancy to end all the tenants must agree to this. If they did not agree then a tenant wishing to leave was bound within the terms of the agreement and liable for their share of the rent. This has had some notable issues for women and children experiencing domestic abuse – meaning that the tenancy can be used as a means of financial control. The new provisions will mean that one tenant can leave the tenancy – giving them freedom and control. This is a change supported by our office, alongside Scottish Women’s Aid.
However, we remain concerned that in fixing one problem there will be an inadvertent consequence of opening another avenue for potential abuse. This is where one partner leaves the tenancy and the remaining tenant, and any children, face potential homelessness. As the provisions stand there is no guarantee that the remaining tenant would be able to continue the tenancy, and we share concerns with other organisations in the sector that this could lead to more single parent households facing homelessness. These concerns have been raised by our office alongside Living Rent and Scottish Women’s Aid.
This problematic situation has been seen in England and Wales and reported on by the National Housing Federation, the Domestic Abuse Housing Alliance and the Domestic Abuse Commissioner[4].
We also support amendments 309-312, 328-329 and 356 which seek to improve the rights of those experiencing domestic abuse in joint tenancies.
Amendments 212-213 – Supporting Alterations to Private Tenancies for Disabled Tenants
Brought by The Scottish Government
These are important amendments which seek to resolve an issue caused by an amendment at Stage 2 which we believe had significant unintended consequences for disabled adults and children in private rented accommodation who wish to make alterations to their homes. This may include installing a hoist or widening a door for a wheelchair.
It deletes a subsection which was introduced at stage 2 which states that it would always be reasonable for a landlord to refuse consent to any structural changes. We believe that this stage 2 amendment undermines the functioning of the Bill and should be deleted.
Amendments 231 and 294-299 – Mould and Damp
Brought by Graham Simpson MSP and Mark Griffen MSP
We support these amendments which seek to improve repair standards and conditions regarding mould and damp. This is particularly dangerous for young children and has led to tragic consequences.
Amendments we oppose
Amendments – 179-196
Brought by Edward Mountain MSP
These amendments seek to allow landlords to increase rent in purpose-built student accommodation. We oppose these amendments
In summary
This Bill will help Scotland meet its international human rights obligations and work towards ensuring that all children in Scotland have safe, secure and adequate housing to grow up in. This will support the rights of children under Article 27(3) of the UNCRC:
“States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.”
One in four children in Scotland live in poverty and around 10,000 children are living in temporary accommodation.[5] This is unacceptable. Homelessness, including time spent in unsuitable temporary accommodation, has wide-ranging impacts on children’s mental and physical health, affecting their future prospects.
The Bill includes a number of reforms including – rent controls; allowing for tenants to keep pets in their private rented accommodation or make certain alternations; homelessness prevention and additional protections for victims of domestic abuse. We have made our position clear on these proposals throughout, broadly speaking we are supportive of the provisions regarding rent controls and are opposed to any amendments which seek to weaken the original intentions of the Bill – we are opposed to amendments which seek to allow exemptions for rent controls.
The stage 3 amendments we have highlighted to MSPs are some of the ways we believe the Bill can be improved to further the realisation of children’s rights.
[1] Response to Consultation on the Housing (Scotland) Bill – The Children and Young People’s Commissioner Scotland
[2] Housing (Scotland) Bill – MSP Briefing – Stage One – The Children and Young People’s Commissioner Scotland
[3] Housing (Scotland) Bill – Stage 2, Local Government, Housing and Planning Committee – CYPCS
[4] https://www.dahalliance.org.uk/media/11115/joint-tenancies-domestic-abuse-briefing_may2022.pdf, https://domesticabusecommissioner.uk/wp-content/uploads/2022/05/2205-DAC-Office-response-to-DLUHC-Joint-Tenancies-Consultation.pdf, https://www.housing.org.uk/globalassets/files/resource-files/nhf-submission-to-the-dluhc-consultation-on-the-impacts-of-joint-tenancies.pdf
[5] Poverty in Scotland – Poverty & Inequality Commission, Prioritise homeless children in budget – Shelter Scotland