Local Government, Housing and Planning Committee 20 May 2025
I thank all members who have lodged amendments in the group for the discussions that I have had with them in the run-up to today, which have informed the Government’s thinking greatly. I apologise in advance for the length of my speaking note on the group, but it covers a number of amendments that have been lodged by different members, so I ask colleagues to bear with me.
I will first address amendment 231, in the name of Paul McLennan, which will enable Awaab’s law to be introduced in Scotland. I will also comment on the related amendments that have been lodged by Graham Simpson and Emma Roddick.
The Scottish Government is committed to delivering Awaab’s law in Scotland, and I consider that amendment 231, coupled with the use of powers in existing legislation to make provision for the private sector, will achieve that aim. The amendment will enable the Government to implement the equivalent of Awaab’s law in Scotland in the social rented sector, so that social landlords must deal with issues such as damp and mould in tenants’ homes in a timely manner. The amendment will expand existing powers in the Housing (Scotland) Act 2001 to give ministers the ability to impose timeframes on social landlords to investigate disrepair and commence repairs.
For context, I note that Awaab’s law in England will have 28 defined hazards. The UK Government has been taking a phased approach since Awaab’s law was introduced, in July 2023. We want to ensure that landlords and tenants are clear about their respective rights and duties, which is why we will have further engagement with stakeholders later this year to fully understand the types of repairs that should be included, as well as appropriate timescales for investigating and commencing those repairs. Members have rightly referred to damp and mould, but other hazards will also be addressed in the consultation.
As well as placing requirements on social landlords, Scottish ministers are committed to bringing forward equivalent requirements in the private rented sector after further consultation. Those can be delivered under existing powers via the repairing standard in the Housing (Scotland) Act 2006, which is why no similar amendment has been lodged for the private rented sector. However, I stress that we are consulting not on the “if” but on the “how”, as per social rented sector amendments that we will then take forward.