Chamber
Meeting of the Parliament 17 March 2011
17 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Private Rented Housing (Scotland) Bill: Stage 3
We are all trying to achieve the same objective. The issue is the best way to achieve it. As Pauline McNeill stated, her amendment 1 would introduce subdivision of rooms and alteration of water or drainage pipes as issues that a local authority would have to take into account when considering an HMO application.
Pauline McNeill suggested a similar amendment at stage 2. As I highlighted then, local authorities are already required to consider the suitability of the accommodation when deciding whether to grant or renew an HMO licence. Section 131 of the 2006 act places a duty on local authorities to consider the property’s location and condition, any amenities it contains, the type and number of persons who are likely to occupy it, the safety and security of likely occupants and the possibility of public nuisance. That is not an exhaustive list, and local authorities should consider other relevant matters that might make accommodation unsuitable to be used as an HMO, such as the subdivision and adaptation of rooms. The statutory guidance on part 5 of the 2006 act, to which local authorities are required to have regard, will set out further recommended standards and licensing conditions. Therefore, I consider that Pauline McNeill’s amendment 1 is unnecessary, because the same objective will be obtained on a statutory basis as a result of the guidance on part 5.
In granting or renewing HMO licences, local authorities already apply space standards to ensure that rooms are of a sufficient size. Our guidance encourages local authorities to work with colleagues in building standards to ensure compliance. There have been issues when bathrooms and kitchens have been relocated in flats, causing nuisance. However, that applies not only to HMOs, but to adaptations of owner-occupied housing. It is for building standards to deal with such matters.
I hope that my comments provide Pauline McNeill and others with the reassurance that they need that the matters that she is rightly concerned about are already addressed and that no further amendment is required. I ask Pauline McNeill to seek to withdraw her amendment, as the matter will be dealt with by guidance under part 5 of the 2006 act.
Pauline McNeill suggested a similar amendment at stage 2. As I highlighted then, local authorities are already required to consider the suitability of the accommodation when deciding whether to grant or renew an HMO licence. Section 131 of the 2006 act places a duty on local authorities to consider the property’s location and condition, any amenities it contains, the type and number of persons who are likely to occupy it, the safety and security of likely occupants and the possibility of public nuisance. That is not an exhaustive list, and local authorities should consider other relevant matters that might make accommodation unsuitable to be used as an HMO, such as the subdivision and adaptation of rooms. The statutory guidance on part 5 of the 2006 act, to which local authorities are required to have regard, will set out further recommended standards and licensing conditions. Therefore, I consider that Pauline McNeill’s amendment 1 is unnecessary, because the same objective will be obtained on a statutory basis as a result of the guidance on part 5.
In granting or renewing HMO licences, local authorities already apply space standards to ensure that rooms are of a sufficient size. Our guidance encourages local authorities to work with colleagues in building standards to ensure compliance. There have been issues when bathrooms and kitchens have been relocated in flats, causing nuisance. However, that applies not only to HMOs, but to adaptations of owner-occupied housing. It is for building standards to deal with such matters.
I hope that my comments provide Pauline McNeill and others with the reassurance that they need that the matters that she is rightly concerned about are already addressed and that no further amendment is required. I ask Pauline McNeill to seek to withdraw her amendment, as the matter will be dealt with by guidance under part 5 of the 2006 act.
In the same item of business
The Deputy Presiding Officer (Trish Godman)
Lab
The next item of business is stage 3 proceedings on the Private Rented Housing (Scotland) Bill. In dealing with amendments, members should have the bill as a...
The Deputy Presiding Officer
Lab
Group 1 is on minor and technical amendments. Amendment 3, in the name of the minister, is grouped with amendments 4 to 6 and 11 to 14.
The Minister for Housing and Communities (Alex Neil)
SNP
The amendments in this group are minor drafting amendments that make slight changes to the wording of a few sections in order to clarify some expressions, re...
The Deputy Presiding Officer
Lab
I call Ted Brocklebank.
Ted Brocklebank (Mid Scotland and Fife) (Con)
Con
I am sorry, but I did not ask to speak on this group.
The Deputy Presiding Officer
Lab
I am sorry about that. Your name came up on the screen.Amendment 3 agreed to.Section 8—Disqualification orders for unregistered landlordsAmendment 4 moved—Al...
The Deputy Presiding Officer
Lab
Group 2 is on refusal to consider an application for a licence to operate a house in multiple occupation. Amendment 7, in the name of the minister, is groupe...
Alex Neil
SNP
The amendments relate to the proposed power for a local authority to refuse to consider an application for an HMO licence when it considers that use of the p...
Pauline McNeill (Glasgow Kelvin) (Lab)
Lab
It is important to draw that distinction and clarify that a refusal to consider a licence application is not a refusal of the licence. Will the minister conf...
Alex Neil
SNP
I confirm that landlords cannot operate an HMO until they receive a licence to do so.Amendments 9 and 10 are consequential and remove provisions that amendme...
The Deputy Presiding Officer
Lab
Group 3 is on the suitability of living accommodation for an HMO licence. Amendment 1, in the name of Pauline McNeill, is the only amendment in the group.
Pauline McNeill
Lab
Amendment 1 deals with a continuing issue about which the Local Government and Communities Committee heard evidence. It relates to HMOs in which rooms have b...
Sandra White (Glasgow) (SNP)
SNP
On amendment 1, I sympathise with Pauline McNeill’s views, as I did at stage 1. I also recognise the public nuisance provision in the 2006 act.I thank the mi...
Robert Brown (Glasgow) (LD)
LD
I very strongly support Pauline McNeill’s amendment 1. I understand the point about section 17, but I do not feel that it deals with the issue in a satisfact...
Patrick Harvie (Glasgow) (Green)
Green
I would like to support Pauline McNeill’s amendment 1, but I wonder whether she could address one or two issues in her closing speech. We all know that her c...
Patricia Ferguson (Glasgow Maryhill) (Lab)
Lab
I, too, have been lobbied by many organisations, both within and outside my constituency. For the avoidance of doubt, I put my mind to the point that Patrick...
Alex Neil
SNP
We are all trying to achieve the same objective. The issue is the best way to achieve it. As Pauline McNeill stated, her amendment 1 would introduce subdivis...
Pauline McNeill
Lab
I recognise the work that Alex Neil has done to make the bill better, but if I had been given a penny every time I heard a minister say at the last minute at...
The Deputy Presiding Officer
Lab
I take it that you wish to press amendment 1.
Pauline McNeill
Lab
Yes, I am happy to press it.
The Deputy Presiding Officer
Lab
The question is, that amendment 1 be agreed to. Are we agreed?Members: No.
The Deputy Presiding Officer
Lab
There will be a five-minute suspension followed by the division.15:20 Meeting suspended. 15:25 On resuming—
The Deputy Presiding Officer
SNP
We come to the division on amendment 1.ForAdam, Brian (Aberdeen North) (SNP) Aitken, Bill (Glasgow) (Con) Alexander, Ms Wendy (Paisley North) (Lab) Allan, Al...
The Deputy Presiding Officer
SNP
The result of the division is: For 119, Against 0, Abstentions 0.Amendment 1 agreed to.
The Deputy Presiding Officer
SNP
Group 4 is on refusal to grant an HMO licence: overprovision. Amendment 15, in the name of Ted Brocklebank, is the only amendment in the group.
Ted Brocklebank
Con
In speaking to amendment 15, I pay tribute to Suscoms—Sustainable Communities (Scotland)—which first alerted the Public Petitions Committee to a variety of p...
Margo MacDonald (Lothians) (Ind)
Ind
I want to say how much I appreciate amendment 15; I congratulate Ted Brocklebank on lodging it. We will sorely miss him, but the amendment will be a good tes...
Ted Brocklebank
Con
I am very grateful to Margo MacDonald for her kind words.I draw members’ attention to the situation in St Andrews, which I may have mentioned before. The cor...
Iain Smith (North East Fife) (LD)
LD
I have some concerns about amendment 15, on which I seek clarification from the minister and from Ted Brocklebank. They relate, in particular, to subsection ...
Patrick Harvie
Green
I have more serious concerns about amendment 15 than I had about amendment 1. Perhaps it would be unfortunate to interpret what Ted Brocklebank said in this ...