This briefing has been prepared for members of the Local Government, Housing and Planning Committee ahead of their consideration of the above Bill at Stage 2. We previously submitted evidence to the Committee at Stage 1[1] and provided a briefing to all MSPs ahead of the Stage 1 debate[2]. We also submitted a Stage 2 briefing to the Social Justice and Social Security Committee. 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.

When the Bill was introduced by the Government it was claimed that this would be ‘ambitious in responding to the need to improve the housing outcomes in Scotland for people who live mainly in rented accommodation’[3] and we are concerned that some of that ambition has been watered down. This is especially so in the application of rent controls.

More than 1 in 3 children in poverty live in privately rented accommodation[4] and are disproportionately affected by rent increases.  During the cost-of-living crisis families are struggling with their bills; increasing relative poverty (after housing costs) and the risk of homelessness. There are disproportionate numbers of larger families (3+ children), and disabled children affected, due to the lack of social housing which is suitable for their needs. We want to see workable and effective rent controls which better protect children and young people.

Due to the volume of amendments, we have only covered amendments that we explicitly support or oppose.

Designation of rent control areas: assessments, reports and designation

We are opposed to any amendments which seek to weaken or delete whole sections of the Bill.

Student tenancies and accommodation

We note that a number of amendments which have been proposed seek to include built for purpose student housing within the scope of the rent control sections. While on this face of it this might seem to provide some sort of protection we note that amendments 59-60 specifically allow rent increases in this type of accommodation. We do not think that this is in the interests of students who face particular housing challenges.

We are supportive of amendments which seek to improve the conditions for students in purpose built student accommodation including the right to bring an end to a student tenancy with notice.

Removal of Part 1

We are opposed to any amendments which seek to weaken or delete whole sections of the Bill.

Rent control areas: amount of rent cap

Rent controls need to be applied in a way that protects tenants’ rights. We have some concerns about the Government amendments containing the formula for calculating rent increases to CPI + 1%, capped at a maximum of 6% (amendments 329-353). This will mean that there is a mechanism for rents, in rent-controlled areas, to be increased above inflation when families are still feeling the effects of the cost-of-living crisis. This could see rents continue to become unaffordable for many and lead to children becoming homeless. We note that alternative formulas have been suggested and we hope that these are given proper consideration (those within amendments 332A-332H).

Emergency, special and transitionary rent control provisions

We support amendments 158, 159 and 160 which create a power to make an emergency rent cap if it ‘is necessary and proportionate for the for the purposes of addressing the social and economic circumstances in Scotland’. We see how this could be beneficial, especially in light of the declaration of a ‘housing emergency’ by the Scottish Government.

We support amendments 424, 425 and 426 which introduce a power for Scottish Ministers to set the rent control formula lower than the one proposed by Government (and set out in the amendments) if it would cause ‘substantial harm’ – we see that this could offer additional protection to tenants.

We support amendments 186 and 199 around transitional provisions – we note that between the passage of this bill and the implementation of the rent control provisions there will be a gap in time with no restrictions.

Exempt properties

We are opposed to provisions that seek to allow properties to be exempt from rent control areas – we do not believe these are in the interests of tenants and will weaken the application of rent controls. We understand that the Government have launched a further consultation on this topic and we intend to respond in greater detail. It seems counter intuitive to introduce any of these exemptions before there has been such a consultation, exemptions were not part of the original Bill.

Rent control areas: collection and use of information

A lack of data collection meant that ‘rent pressure zones’ were never properly implemented, Local Authorities need to be funded appropriately to allow for the correct data to be kept. We think that for the rent controls to work in practice there should be strong requirements on landlords to provide data.

Rent control areas: changes to between tenancy rent controls

We are opposed to any amendments which seek to weaken or delete whole sections of the Bill.

Rent increase procedure

For rent control areas to be properly implemented we believe there should be increased penalties on landlords who attempt to raise rents above what is allowed.  – There is a risk of landlords putting pressure on tenants with threat of eviction.  We therefore support amendments 138, 238-240, 324A, and 325A

We support amendments 161, 162, 201 and 202 which improve access to legal rights for tenants, for example providing a longer time period to refer a case to the Rent Officer.

Repairs and standards

We support amendments 257, 258, 442, 496 and 499 which aim to improve the quality of properties or seek to tie the ability to increase rents to the standard of the property. These could have the potential to improve quality.

We support amendments 231, 231A, 231B, 443, 444 and 489. Mould causes a serious issue especially for babies and young children. This has led to fatalities in extreme situations.

Amendment 477 allows tenants to apply for the local authority to purchase their private rented sector home where the property has failed to meet either the tolerable standard (s86 Housing (Scotland) Act 1987) or repairing standard (s13 Housing (Scotland) Act 2006). The property would then become social housing with the tenants remaining.

We support amendments 21, 470, 471, 472, 473 and 551 regarding adaptations for disabled people and standards of homes for disabled persons.

Tenant’s right to keep a pet

As we outlined in our written evidence to the Committee[5], we are very supportive of the provisions which will allow those in private rents to make changes to their property, such as painting, and the ability to request permission to keep a pet.

The importance of pets and the positive influence they can have on the development and wellbeing of a child is well documented for their positive effect on mental health.

We support amendments 24, 25, 26, 27, 28, 244 and 245 which introduce a fairer process for this for granting permission. We prefer 24, 25,26, but also support 523, 524, 525, 526, 527.

Tenant’s right to make changes to let property

We support these amendments which seek to improve housing conditions for disabled people, children and young people and also promote nature recovery.

Tenancy deposits and guarantors

We support the introduction, by amendments 189 and 195, of a scheme to provide a guarantor scheme for young people estranged from their parents. At present the need for a guarantor is a significant barrier to a private rented tenancy or in some cases student accommodation for these young people.

At present some landlords require prospective tenants to secure their tenancy by paying for several months rent up front. This places a significant barrier on young people experiencing poverty and limits their access to properties in the private rented sector. We support amendment 190.

Joint tenancies

We support provisions around joint tenancies in principle. This would allow a joint tenant to leave a joint tenancy by giving notice to the Landlord and to the other tenant or tenants. This would address concerns about someone in an abusive relationship being unable to leave the tenancy without their partner’s consent. not able

However, we are concerned that in situations where one tenant wishes to leave, this would leave the tenancy open to reconsideration by the Landlord. This could result in a refusal to rent to the remaining tenant alone, an increase in rent or a request for a larger deposit. The remaining tenant would be at risk of homelessness. We would like to see better protections for tenants in this situation, for example a right to continue the tenancy on the same terms

We are supportive of the amendment 408 although this only partially addresses our concerns, allowing but not guaranteeing for the joint tenancy to be assigned on the same terms.

Mobile homes

We support these amendments; making improvements for disabled people.

Housing availability

We support amendment 515 which would make better use of land or properties which are empty or unused to address issues of lack of supply in housing. We support 270 to improve responses to housing emergencies.

Homelessness prevention: commencement

We support an explicit timeline to ensure legislation is brought into force.

[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] Financial Memorandum accessible

[4] Benefit Cap Forcing Families to Live on £44/week – new research | CPAG

[5] Response to Consultation on the Housing (Scotland) Bill – The Children and Young People’s Commissioner Scotland