Local Government, Housing and Planning Committee 29 May 2025
Certainly, on that particular matter, I will ensure that an update is given to the committee following the next board meeting, when we will discuss the update from the CIH and other members of the board.
I recognise the positive intentions behind the amendments in the name of Meghan Gallacher. A decision on the need for a charter should flow from the development of the private rented sector strategy that the board is considering. That would be a better method of developing a charter, should that be felt to be the best way forward in the strategy that is currently being designed. We do not need primary legislation to develop a charter, so it will remain an option following on from development of the strategy. As I have set out, work is under way within the board on that strategy, and I will keep members updated on that.
Amendment 135C, in the name of Maggie Chapman, seeks to enable the charter to go beyond setting out existing legal requirements and create new rights and responsibilities. That raises concerns, because I do not think that a charter would be an appropriate or lawful way to create new rights and responsibilities. That should be done only via primary or secondary legislation.
Amendment 276, also in the name of Maggie Chapman, would require the court or tribunal to take account of the charter in their decisions. Again, I understand the intention behind the amendment, but it is not required because the tribunal and the court already take into account all circumstances of a case when making a decision, and that could involve a charter in the future.
Amendment 256, in the name of Pam Gosal, would require ministers to prepare an annual report on the operation of the legislation in the private rented sector. I agree that it is important to monitor the operation of the legislation, but an inflexible statutory duty is not the best way to achieve that. Members will remember that, during discussions on an earlier grouping, I committed to working with Graham Simpson on an amendment on a five-yearly review of part 1 of the act. As part of that work, we will consider whether anything more is needed. I hope that that reassures Pam Gosal.