Committee
Local Government, Housing and Planning Committee 12 September 2023
12 Sep 2023 · S6 · Local Government, Housing and Planning Committee
Item of business
Subordinate Legislation
Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Date) Regulations 2023 [Draft]
I share the concern about the matter, although I am not sure that I would use the word “loophole”. The situation is a consequence of the fact that the emergency legislation could take only temporary steps and that it was not possible to use it for a fundamental restructuring of, or major surgery on, private residential tenancy. The current legislation gives the landlord the right to decide not to agree to continue an existing tenancy when one joint tenant leaves. The intention, of course, behind designing the PRT in that way—this is going back a good number of years—was to avoid a situation in which others were made homeless because one person chose to leave a joint tenancy. I do not think that it was the wrong decision to take that approach, but we need to recognise that one of the consequences was that the emergency legislation was not able to address that particular circumstance. Once again, I come back to the point that it highlights the need for us to make good on the longer-term commitments, including the new housing legislation and the new deal for tenants. As part of our work on developing that, we are looking at joint tenancy issues, including the existing approach to ending joint tenancies.
In the same item of business
The Convener
Green
Before we turn to the next item, I give apologies for my colleague Mark Griffin. He had a problem getting in and although we thought that he might arrive at ...
Patrick Harvie
Green
It is nice to be back with the committee again. I am pleased to be here to present the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of E...
The Convener
Green
Thank you for your statement. It is good to hear that you will continue to monitor the situation and look into the proportionality of the measures. We have ...
Patrick Harvie
Green
We continue to keep a close eye on the issue. We are aware of anecdotal evidence that landlords have been talking about it. Some cite the temporary cost of l...
The Convener
Green
Thank you.
Willie Coffey
SNP
Good morning again, Patrick. Interestingly, the Association of Local Authority Chief Housing Officers recommends that you withdraw rather than extend the mea...
Patrick Harvie
Green
It is worth separating out the rent cap provisions from the eviction moratorium provisions. With the social housing sector—local authority and housing associ...
Willie Coffey
SNP
ALACHO said that the measure simply pushes the rent that is due to the end of the process—it is a bigger amount at the eviction point—and does not ultimately...
Patrick Harvie
Green
We were clear when we debated the Cost of Living (Tenant Protection) (Scotland) Bill and took it through the Parliament that, in cases of severe rent arrears...
Willie Coffey
SNP
In some of the evidence, there has been a suggestion that the supply of private rented homes has been adversely affected by the emergency legislation. What d...
Patrick Harvie
Green
Again, I would draw a distinction between anecdotal evidence that is being put about and what we are seeing on the ground. It was only ever possible for the ...
Willie Coffey
SNP
Thank you for the detail in that response, minister.
Miles Briggs
Con
The committee has received evidence about landlords’ increased costs, which have been impacted on by rising interest rates in recent months. What is the Gove...
Patrick Harvie
Green
As I said, we will continue to keep under review the proportionality and necessity of the measures. The next report that I mentioned is due by mid-October; i...
Miles Briggs
Con
Thank you. I will come back to my other questions later.
Pam Gosal
Con
Good morning. As the minister will probably know, the 2022 act has had unintended consequences for both tenants and landlords. We have heard from multiple or...
Patrick Harvie
Green
I do not agree with that characterisation of what the legislation has done. Pam Gosal is right that rent increases between tenancies are not covered by the ...
Pam Gosal
Con
Are you aware that students have been really affected by cases of landlords making prices higher? I know from the Indian student groups and associations who ...
Patrick Harvie
Green
Absolutely. The increase in intra-tenancy rents is significant. It is significant both down south and here, partly because of economic circumstances and part...
The Convener
Green
We move to questions from Ivan McKee.
Ivan McKee
SNP
In the interests of transparency I reiterate my declaration of interests with regard to ownership of rental property and a share of a property rental busines...
Patrick Harvie
Green
That question is hugely important, and Ivan McKee is right to point to that power in the legislation. It allows an adjustment to be made to the rent adjudica...
Yvette Sheppard (Scottish Government)
We are still taking stakeholder views into account and, as the minister has reflected, considering the different ways in which we could amend the adjudicatio...
Ivan McKee
SNP
Do you accept that the longer that goes on, the more uncertainty exists, which makes it more difficult to go forward with investment to increase supply, whic...
Patrick Harvie
Green
Yes. That is why we are keen to ensure that we are hearing from the widest possible range of voices, as we come to a decision. I hope that broad support exis...
Marie McNair
SNP
Following on from Ivan’s questions, I note that some of the evidence that we have received has pointed to the need for the Scottish Government to review and ...
Patrick Harvie
Green
The programme for government includes a commitment to introduce the housing bill to deliver the new deal for tenants, which will include the introduction of ...
The Convener
Green
It is good to get that reassurance. We stood to attention when we heard what was in the PFG. I have a question about joint tenancy loopholes. Living Rent ha...
Patrick Harvie
Green
I share the concern about the matter, although I am not sure that I would use the word “loophole”. The situation is a consequence of the fact that the emerge...
The Convener
Green
Thanks for that. Miles Briggs has a final question.