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Chamber

Meeting of the Parliament 17 March 2011

17 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Private Rented Housing (Scotland) Bill
I am sure that I am not the only one who feels a sense of achievement when we reach stage 3 of a bill, and that is especially true when one has been particularly involved through all stages of the bill. Therefore, I am extremely pleased to have reached stage 3 of the Private Rented Housing (Scotland) Bill.

Although I welcome the measures in the bill, it is also right to point out areas in which we might have gone further and work that still needs to be done—not necessarily through legislation but perhaps, as the minister said earlier, through guidance.

The bill will strengthen landlord registration by expanding the fit-and-proper person test and increasing the level of fine for non-registration. In the stage 1 debate, I asked the minister how those measures would make it more likely that local authorities would actively pursue unregistered landlords. Unfortunately, the minister did not actually answer the question. However, he went on to ask me whether I would be willing to place a duty on councils to make them more active. I hope that whoever is the housing minister after the election will sit down with councils’ housing conveners and stress to them the importance of landlord registration. If that does not improve regulation, the Parliament will need to consider whether it needs to further strengthen the legislation.

Similar action will be required in relation to the judiciary, to ensure that it completely understands the importance of the legislation around issues such as landlord registration. If the new Government after May is a Labour Government, such discussions might be part of discussions on establishing a housing court or tribunal.

I recognise what Ted Brocklebank was trying to do with his amendment 15, which was on HMOs, and I am pleased that members supported it. I heard the witnesses who raised concerns in the committee about the overprovision of HMOs in their locality and I have frequently heard my colleagues Pauline McNeill and Patricia Ferguson raising similar concerns on behalf of their constituents. I have doubts about whether amendment 15 will deliver but, on balance, I was happy to support the intention. However, the minister must respond to the concerns of Shelter and the National Union of Students Scotland, which Patrick Harvie raised. They have pointed out that there is likely to be increased demand for HMOs, due to changes in the housing benefit rules—perhaps up to 7,500 more properties will be needed. How will we respond to that demand?

As I did in the stage 1 debate, I support NUS Scotland’s call for a strategy to address young people’s housing needs. Whether they are students or young adults, all young people face barriers to accessing appropriate housing at this time and we owe it to them to give the issue serious consideration.

The bill will give councils powers to issue overcrowding statutory notices. I welcome that but think that fellow committee members would agree that, during the passage of the bill, we were all made aware that overcrowding is a complicated issue. I accept that parts of the legislation that we have introduced go some way towards addressing the matter, but I suspect that we cannot think that we have resolved the issue yet. I am pleased that members agreed to my amendment 2 so that there will be a review of the overcrowding measures after three years. That will allow members to be reassured that the measures in the bill are having the correct effect.

Other issues in the bill have perhaps not received quite as much attention as the issues that I have mentioned. The minister referred to one of them in his opening statement: reasonable charges. Reasonable charges are important if we are to have a responsive private rented sector that delivers housing at rates that can be afforded.

The other issue that we did not spend a lot of time considering, partly because there was a lot of agreement about it, was the provision of the tenant information pack. Again, that will benefit people. At stage 2, I moved an amendment on carbon monoxide testers, and other issues relating to gas and electricity have been raised. I look forward to the future committee working with the minister on developing the guidance that will go with the tenant information pack.

I am happy to support the bill, but there is more to do in private rented housing. Some elements will need to be legislated on and others will not, but members should be reassured that Labour will be happy to support the future housing minister in his or her efforts.

15:58

In the same item of business

The Deputy Presiding Officer (Alasdair Morgan) SNP
The next item of business is a debate on motion S3M-8128, in the name of Alex Neil, on the Private Rented Housing (Scotland) Bill.15:45
The Minister for Housing and Communities (Alex Neil) SNP
I am pleased to open the debate and to move the motion in my name.I thank the Local Government and Communities Committee for its detailed consideration of th...
Tricia Marwick (Central Fife) (SNP) SNP
Will the minister assure the chamber that the powers that the bill establishes will force local authorities to act when private landlords do not live up to t...
Alex Neil SNP
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 j...
Mary Mulligan (Linlithgow) (Lab) Lab
I am sure that I am not the only one who feels a sense of achievement when we reach stage 3 of a bill, and that is especially true when one has been particul...
Alex Johnstone (North East Scotland) (Con) Con
The Conservatives support and will vote for the bill.Going through the process has been interesting and certain aspects of today’s procedures have been parti...
Jim Tolson (Dunfermline West) (LD) LD
I thank my colleagues on the Local Government and Communities Committee, the committee clerks, the bill team and the minister for their hard work and dedicat...
The Deputy Presiding Officer SNP
We now move to the open debate.16:07
Anne McLaughlin (Glasgow) (SNP) SNP
Sometimes it might seem to people as if we in this Parliament are navel gazing or talking only to ourselves, but nothing could be further from the truth. Thi...
Patricia Ferguson (Glasgow Maryhill) (Lab) Lab
Although the bill is one of the last that we shall consider in this session of the Parliament, its gestation has been fairly long. Most of its provisions wer...
John Wilson (Central Scotland) (SNP) SNP
It was a privilege to be a member of the committee that examined the bill. It was clear that not all local authorities have taken a vigorous approach to land...
Charlie Gordon (Glasgow Cathcart) (Lab) Lab
I welcome the opportunity to make a brief contribution. In the stage 1 debate I spoke exclusively on the rogue landlord aspects of the bill, given the antiso...
Bob Doris (Glasgow) (SNP) SNP
I start by saying something that I think that we all agree on: the private rented sector must become increasingly important in the provision of good-quality,...
Jim Tolson LD
One principal element of the bill is the measures on the registration of private landlords. Alex Neil said that the bill is targeted at a minority of landlor...
Ted Brocklebank (Mid Scotland and Fife) (Con) Con
In winding up for the Conservatives today, I begin what will possibly be my final contribution in this place by saying how grateful I am for the kind words o...
Alex Neil SNP
Can the member confirm that he is registered? Laughter.
Ted Brocklebank Con
Absolutely, as the minister will discover if he checks the register of landlords.However, there have been problems. Pauline McNeill and Patricia Ferguson all...
Mary Mulligan Lab
I offer my best wishes to Ted Brocklebank for all that he has done, particularly today. He said that his closing speech will probably be his last contributio...
The Presiding Officer (Alex Fergusson) NPA
Given Patricia Ferguson’s earlier warning about what Alex Neil is capable of doing in an empty house, I am a little bit loth to let him loose on a fairly emp...
Alex Neil SNP
I am delighted that Mary Mulligan is confident that I am going to be the minister moving the commencement order after the election.Earlier, when we were disc...
The Cabinet Secretary for Education and Lifelong Learning (Michael Russell) SNP
Indeed.
Alex Neil SNP
This has been a consensual debate, with good contributions from throughout the chamber. It is appropriate that it has been consensual, because the issue that...
Bob Doris SNP
I just want to add to the list the Home Owner and Debtor Protection (Scotland) Act 2010, under which all evictions for mortgage arrears must call in court, w...
Alex Neil SNP
That is a good point from Mr Doris. I am always one to undersell our achievements. Laughter. The legislation is extremely important, but it is also importan...
Patricia Ferguson Lab
Does the minister accept that the issue is not just the location of the judgment but the courts having an understanding of the effects that behaviour can hav...
Alex Neil SNP
Absolutely. My view is that some kind of tribunal system may be more appropriate, certainly in some circumstances, than a case immediately going to the sheri...