Hansard

I agree with Tricia Marwick that enforcement is crucial. The powers are now well in place and I believe that the local authorities have the tools to do the job. As Tricia Marwick and others know, we are currently undertaking a review of enforcement practice throughout the country, which will report fairly soon. We will seek to make practical proposals and implement further practical, non-legislative proposals to ensure that there is more effective implementation of both the existing legislation and the additional legislation in the bill.

The bill process has involved the local authorities, as well as representatives of the private rented sector. I pay tribute to the work of the private rented sector strategy group, which advised me on these matters and will continue to do so. Members of the group are the expert stakeholders, including tenant and landlord representatives and local authorities, and their recommendations formed the basis of the public consultation leading up to the bill. As part of the process, I established a sounding board that brought together all those with an interest in the bill so that the Government could benefit from their views on how the bill could be enhanced and developed as it moved through its parliamentary stages. Members of all parties will recognise that we have taken on board their concerns and, I hope, accommodated them at least partially in some of the amendments that have been agreed to this afternoon.

The bill strengthens the system of landlord registration, including by expanding the fit-and-proper person test and by making it clear to local authorities that issues such as antisocial behaviour must be taken into account. It gives local authorities new powers to obtain information to crack down on unregistered landlords, including an ability to require managing agents to provide a list of properties that they manage. It improves and enhances the system of the licensing of houses in multiple occupation that comes into force this autumn by giving local authorities powers to consider whether requisite planning permission has been obtained. That will help local authorities to strike the right balance between providing safe, decent accommodation for students and other tenants and considering the impacts on communities of concentrations of HMOs.

The bill gets tough on the worst offenders by increasing the maximum fines for HMO-licensing and landlord-registration offences to £50,000. That sends a clear message that we recognise the seriousness of such offences and that they will not be tolerated.

The bill will not only help local authorities to crack down on poor landlord practice, but help to protect tenants by improving their understanding of their and their landlords’ rights and responsibilities through the mandatory tenant information pack, and by strengthening local authorities’ powers to deal with overcrowding. By clarifying the position and enabling the Government to specify what reasonable fees can be charged, it will prevent unscrupulous agents from charging unreasonable premiums. Further, it will help landlords to meet their responsibilities with regard to the repairing standard by enabling them to access the private rented housing panel for assistance.

Amendments at stage 2 strengthened the bill’s provisions on overcrowding, taking account of concerns that were raised by the committee about the impact on vulnerable tenants and potential homelessness. As a result, the bill now requires local authorities to perform a range of additional checks and balances; that includes considering the impacts of serving the notice on the people living in the house, particularly with regard to homelessness. It also places on local authorities a duty to provide information and advice to occupants of the house when serving a notice.

David McLetchie’s amendment to the 20-year rules will assist our overall approach to helping the PRS grow by unblocking barriers to new innovative funding approaches—it is a pity that Mr McLetchie is not here to hear my praise. That follows on from the powers for the social rented sector that were introduced in the Housing (Scotland) Act 2010.

I look forward to a final constructive debate on the bill, which I am confident will make an impact in areas where it is needed most.

With great pleasure, I move,

That the Parliament agrees that the Private Rented Housing (Scotland) Bill be passed.

15:53