Housing (Scotland) Act

• Requirements on local authorities to assess rent conditions in their area, at least once every five years.
• Powers for Scottish Ministers to introduce rent control areas and place limits on rent increases.
• Restrictions on rent increases at the start of a tenancy in Rent Control Areas.
• Limits on how often rent can increase during a tenancy both in and outside Rent Control Areas.
• New rights for private and social housing tenants to request to keep a pet.
• New rights for private housing tenants to make changes to the property they are renting.
• Allowing unclaimed deposits to be paid to the Scottish Ministers or into another fund so that they can be used to provide support to private tenants across Scotland.
• Allowing a single joint tenant to end a joint tenancy.
• Giving Scottish Ministers the power to convert assured tenancies into private residential tenancies.

• The council tax on unoccupied dwellings provision in the final Act included a repeal of parts of the existing rules and adds a new guidance-related subsection.

• The final Act includes the rent cap formula for rent control areas (permitted rate = the lower of CPI+1% and 6%, with 0% floor).

• The final Act also contains the new framework for PRS tenants keeping pets / making changes, with “not unreasonably refused” and a requirement to lay first regulations “as soon as reasonably practicable”

It is vital that MSPs are made aware of the concerns of letting agents and the impact that this legislation will have. To improve the Scottish Government’s proposals and make the private rented sector fairer for all, further reform is needed in the following areas:

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Most Bills looked at by the Scottish Parliament are introduced by the Scottish Government. All Bills that are introduced go through a scrutiny process in the Scottish Parliament.

• Stage 1: General principles
• Stage 2: Amendments
• Stage 3: Amendments, debate and final vote
• Royal Assent

Stage 1: General principles

The Bill is given to a lead committee who is responsible for examining the Bill. A Stage 1 report usually makes a recommendation about whether the Parliament should support the main purpose (general principles) of the Bill.

Stage 2: Amendments

Any MSPs can propose changes to a Bill, but only committee members on the lead committee can vote on amendments at this stage.

Stage 3: Amendments, debate and final vote

MSPs can propose further amendments to the Bill. These are debated and decided on in the Debating Chamber, and at this stage all MSPs can vote on them.

Royal Assent

If the Bill is passed, legislation is normally sent for Royal Assent after about four weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament.

05 Sep 2024

Rent controls clash with Swinney's economic vision for Scotland

Announcing his Programme for Government on 4 September 2024, the Scottish First Minister said proposals to give local authorities the power to cap rent increases would remain part of the Housing (Scotland) Bill. Ignoring stark warnings from Propertymark and other sector organisations, Mr Swinney claimed the measures will give tenants certainty and encourage investment in the private rented sector (PRS).