Chamber
Meeting of the Parliament 17 March 2016
17 Mar 2016 · S4 · Meeting of the Parliament
Item of business
Private Housing (Tenancies) (Scotland) Bill: Stage 3
Amendment 5 is a technical amendment that ensures that formal writing is not required to create a private residential tenancy.
Under section 8 of the bill, a landlord is required to set out in writing all the terms of the tenancy and to provide the tenant with a written tenancy agreement. However, if a landlord fails to do that, a private residential tenancy will still exist if the property is let to an individual as a separate dwelling, the tenant occupies all or part of it as their principal home, and the tenancy is not one that is excluded under schedule 1.
I move amendment 5.
In the same item of business
The Deputy Presiding Officer (Elaine Smith)
Lab
The next item of business is stage 3 proceedings on the Private Housing (Tenancies) (Scotland) Bill. In dealing with the amendments, members should have the ...
The Deputy Presiding Officer
Lab
We turn to group 1. Amendment 5, in the name of the minister, is the only amendment in the group.
The Minister for Housing and Welfare (Margaret Burgess)
SNP
Amendment 5 is a technical amendment that ensures that formal writing is not required to create a private residential tenancy. Under section 8 of the bill, ...
Alex Johnstone (North East Scotland) (Con)
Con
I have concerns about amendment 5. I understand what the minister said and the amendment’s purpose, but I am concerned that it may have unforeseen circumstan...
Margaret Burgess
SNP
As I said, amendment 5 is a technical amendment that ensures that, if someone is operating as a landlord, there is someone in the premises and the landlord h...
The Deputy Presiding Officer
Lab
The question is, that amendment 5 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
Lab
As Parliament is not agreed, there will be a division. Before I call the division, I suspend the meeting for five minutes. 14:34 Meeting suspended. 14:39 O...
The Deputy Presiding Officer
Lab
We will now proceed with the division on amendment 5. For Adam, George (Paisley) (SNP) Adamson, Clare (Central Scotland) (SNP) Allan, Dr Alasdair (Na h...
The Deputy Presiding Officer
Lab
The result of the division is: For 85, Against 10, Abstentions 0. Amendment 5 agreed to. Section 3—Power to modify schedule 1
The Deputy Presiding Officer
Lab
We move on to group 2. Amendment 6, in the name of the minister, is grouped with amendments 28 to 31, 33, 34, 93, 45, 46, 50, 51 and 69.
Margaret Burgess
SNP
Amendments 6, 45 and 69 are minor tidying amendments that will have no impact on the policy or operation of the new tenancy. At stage 2, the bill was amende...
The Deputy Presiding Officer
Lab
Can we have order in the chamber, please?
Margaret Burgess
SNP
The bill as introduced specified a 56-day default notice period for tenancies that had lasted more than six months. Amendments 28 and 29 simply tidy up secti...
The Deputy Presiding Officer
Lab
I call Alex Johnstone, to be followed by Jim Hume.
Alex Johnstone
Con
I will pass on this group, Presiding Officer.
The Deputy Presiding Officer
Lab
Jim Hume?
Jim Hume (South Scotland) (LD)
LD
Oh, hi there. Laughter. Thanks very much, Presiding Officer.
The Deputy Presiding Officer
Lab
That was an unusual form of address, Mr Hume, but there we go.
Jim Hume
LD
Well, we have known each other for about nine years, and it is about time we got a bit less formal in this Parliament. I look forward to being part of a less...
The Deputy Presiding Officer
Lab
Order, please.
Jim Hume
LD
I appreciate the minister’s point about the new tenancies that are created by the Land Reform (Scotland) Bill, which we passed only yesterday. Will she say w...
Margaret Burgess
SNP
We have not done so in this bill, but we are discussing with the environment minister how we can address agricultural tenancies, in the context of repairs, i...
The Deputy Presiding Officer
Lab
That brings us to group 3. Amendment 7, in the name of the minister, is grouped with amendments 52, 71, 110, 72 to 76, 78 and 79.
Margaret Burgess
SNP
Amendment 7 is a technical amendment that extends the meaning of tenancy and connected expressions in other enactments to include a private residential tenan...
David Stewart (Highlands and Islands) (Lab)
Lab
My amendment 110 would amend the Rent (Scotland) Act 1984 to ensure that the offence of illegal eviction references the requirement for landlords to go to th...
The Deputy Presiding Officer
Lab
That brings us to group 4. Amendment 8, in the name of the minister, is grouped with amendments 9 to 11.
Margaret Burgess
SNP
The bill requires landlords to provide tenants with certain things. Section 8 imposes an obligation in relation to the written terms of the tenancy, while se...
Alex Johnstone
Con
I support amendment 8, and I will explain briefly why. During the evidence that was taken on the bill, it appeared that the three months’ rent penalty that w...
The Deputy Presiding Officer
Lab
That brings us to group 5. Amendment 12, in the name of the minister, is grouped with amendments 13 to 18.
Margaret Burgess
SNP
The bill provides that when a landlord’s proposed rent increase is referred by a tenant, a rent officer can set the tenant’s rent at what he or she judges to...