Housing (Scotland) Bill: Rent Control and Rented Sector Reform Amendments

The Scottish Ministers’ proposed amendments to the Housing (Scotland) Bill  have now been submitted to the Local Government Housing and Planning Committee. In addition, government amendment 231 will broaden Ministers’ powers to impose timeframes on social landlords to investigate disrepair and start repairs.

 

Among other things, these proposed amendments would:

 

• Amend the existing measures to set out that the rent cap will be CPI+1% up to a maximum of 6%, in any area designated for rent control.  There a number of changes associated with this including the removal of the requirement to consult on the rent cap for each rent control areal.

 

• Allow for information to be collected from persons who are not the registered landlord for a property, but who are acting as a landlord under a tenancy or occupancy arrangement granted by the registered landlord (e.g. sub-landlords), as well as from the registered landlord.

 

• Allow Scottish Ministers to request the same information from private sector landlords, as can be requested by a local authority under the rent control measures in the Bill. Measures to ensure that the information cannot be requested from the same landlord more than once in any 12 months are included.

 

• Expand the list of information which local authorities can request from landlords regarding their property.

 

• Allow for the requirements to consult in some sections to be met by consultations carried out before these sections come into force.

 

• Amend the information landlords in a Rent Control Area will be required to include in advertisements.

 

• Modify the end date of the first reporting period for the periodic assessment of rent conditions in section 1 of the Bill from 30 November 2026 to 31 May 2027.

 

• Extend the time period during which a tenant can submit an application for a review of their rent increase in a non-rent-controlled area (from 21 days to 30 days).

 

• Reduce the succession qualifying period from 12 months to 6 months in both the Private and Social Rented Sectors

 

• Require a joint tenant who is using the new measures around the ending of joint tenancies to also provide a copy of the notice to end the tenancy – that must be served on the landlord – to other joint tenants.

 

• Ensure that tenants in non-standard tenancies such as tied accommodation are not disadvantaged under the new unlawful eviction damages, due to them paying low or no rent

 

• Increase penalties that the Tribunal can order in cases of wrongful termination, from a current maximum of 6 times monthly rent, to a maximum of 36 times monthly rent

 

• Broaden Ministers’ powers to impose timeframes on social landlords to investigate disrepair and start repairs (Awaab’s law in England), through regulation, following engagement with the sector.

 

• Just like the social rented sector, the Scottish Government is committed to and will consider how to implement Awaab’s law for private tenants, using existing powers, after engagement with the private rented sector.