New bill to aid rights of tenants

The government’s housing bill would allow Scottish ministers to create rent control areas, capping costs for tenants. Published today, the Housing (Scotland) Bill would place a duty on local councils to carry out assessments within their areas on the state of the private rented sector, making recommendations to ministers about the imposition of rent controls.

The bill – which comes against the backdrop of four local authorities declaring a housing emergency – does not specify particular controls which could be placed on landlords, but it does state rises would be capped during and in between tenancies.

Recommendations will go to ministers before being approved by Holyrood through secondary legislation.

The bill, if passed, would also place a duty on the first-tier tribunal and the sheriff court to consider the timing of any notice to evict, to ensure tenants are not asked to leave their home to “reduce, as far as possible, the negative impact of eviction at a time of greater stress resulting from additional pressures or individual circumstances”, according to documents published alongside the legislation.

Tenants’ rights minister Patrick Harvie said: “A fairer, wellregulated rented sector is good for both tenants and landlords.

“Tenants benefit from improved conditions and security, while good responsible landlords will thrive when their good practice is recognised by regulation.

“Progressive reform can lead to better conditions and a healthy rented sector overall. I want to keep working with both tenants and landlords to achieve that goal.”

But the Scottish Association of Landlords said the bill would “do nothing” to improve the private rented sector for tenants or landlords.

Its chief executive, John Blackwood said: “The rent control proposals, as has been seen in places like Ireland which has similar measures, will see reduced investment and more landlords leaving the sector, leading to higher costs for tenants.

“The effects of Scottish Government policies in the private rented sector are already being felt, with rising costs reducing supply and placing more pressure on council and housing association properties that they are struggling to cope with.”

Landlords, he added, are pushing for more social housing and owner-occupier homes to be built, along with encouragement in investment into the private rented sector.

Tenants’ union Living Rent welcomed the proposals in the bill, claiming renters are currently being “pushed to the edge by unaffordable rents”.

Its secretary, Aditi Jehangir said: “If passed, these will have a huge impact on tenants’ lives, ensuring that we have homes that we can actually call ours.

“Our representatives need to stand up for tenants and bring in robust rent controls that both improve housing quality and ensure homes in Scotland are affordable.”

As well as changes to the private rental sector, the bill proposes duties on public authorities – including councils, the police and the health service – to ensure that people do not become homeless.

The bill would also update the definition of domestic abuse in current housing legislation and force social landlords to devise a policy to support tenants at risk of homelessness because of abuse.

Minister Patrick Harvie.