The Housing (Scotland) Bill

What are the key measures being proposed?

Rent controls

Local authorities will assess rents at least every five years and recommend to Scottish ministers whether a rent control should be imposed. If rent control areas are designated, annual rent increases on private residential tenancies would be restricted by a percentage (potentially as low as 0 per cent) or formula for up to five years. This would remove landlords’ rights to reset rents to market level between tenancies but only within designated rent control areas.

Changes to how rent can be increased

Outside rent control areas, there would be no restrictions on rent increase amounts – but increases will no longer take place during the first 12 months of a tenancy.

Ending joint tenancies

The bill intends to prevent tenants from being trapped in a joint tenancy they no longer wish to be part of. It would allow one tenant to give notice to end the tenancy for all tenants after a two-month consultation period. But it would also allow joint tenants who wish to stay to negotiate terms for a new tenancy with the landlord.

Personalisation of property

Tenants will be able to make certain minor modifications without consent, such as putting up pictures. They would also have the right to request consent to undertake more major alterations, like painting walls, that a landlord could not “unreasonably refuse”. Consent could be given with conditions, such as that the property should be reinstated to its original condition at the end of the tenancy and/or requiring a higher deposit.

Pets

Tenants will have the right to request permission to keep a pet. A landlord could not unreasonably refuse permission, although consent could be given with conditions, such as requiring a higher deposit. A reasonable ground for refusal could be that the property is unsuitable for the pets requested.

Greater protection during eviction

The bill requires the tribunal to consider whether it is reasonable to delay the enforcement evictions to prevent particular hardship or harm to tenants. Some grounds would be exempt from this requirement such as anti-social/ criminal behaviour and abandonment. The tribunal has always had the power to delay the enforcement of evictions, but has rarely used that power in the past.

Phasing out short-term tenancies

The bill contains a discretionary power to enable the Scottish ministers to set a date on which short-term tenancies convert to private rental tenancies.