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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
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 were originally contained within the most recent Housing (Scotland) Bill and, therefore, have perhaps received more than their fair share of scrutiny.

Nevertheless, the bill that we will pass today contains provisions that will help to strengthen existing legislation on landlord registration and houses in multiple occupation. It also attempts to offer some protection to people who may live in overcrowded conditions in the private rented sector.

I do not have time to discuss all the bill’s provisions, so I will concentrate on the two that are of most interest to my constituents: landlord registration and the licensing of houses in multiple occupation.

We all recognise the need to protect people from unscrupulous landlords, but it is also necessary to do that without putting undue pressure on the decent landlords who provide good-quality accommodation, register their properties as required and fulfil their obligations.

The bill broadly delivers on that aim, which is welcome. However, I am not sure that an increase in the level of fine that can be given for offences under the legislation will have the deterrent effect for which the minister hopes. I and others made that point during the passage of the bill and I would be grateful if the minister would indicate whether he has had an opportunity to discuss with the law officers how the courts could be persuaded to take breaches of the legislation seriously, to impose fines that we think are proper on those who are convicted and, thereby, to provide a real deterrent.

The Parliament passed HMO legislation in an earlier session because it recognised that young people and vulnerable people needed protection from unscrupulous landlords who exposed them to unsafe and sometimes downright dangerous situations. The issue came to a head when two young students died tragically in a fire in my constituency because they could not escape through the barred windows of the basement flat that they were renting.

HMO legislation has helped to make conditions safer for people who rent, but the time has come for us to look at the bigger picture and consider the effect that multiple occupation has on the fabric of properties and on the communities where those properties are located.

It is in no one’s interest for entire areas of our towns and cities to be swamped by properties that are rented out in this way. We must surely all desire vibrant, diverse communities that people want to live in. I hope that a strategy for young people’s housing will be developed and that those issues will be considered when that is done.

For those reasons, I very much welcome the amendments in the names of Pauline McNeill and Ted Brocklebank. I congratulate the minister on his Damascene conversion. It reminded me that, many years ago, a former colleague of mine said that Alex Neil could cause a fight in an empty house. I am happy that Mr Neil did not live up to that description this afternoon and that he showed that he has many qualities that are perhaps more desirable to the rest of us.

The amendments that Pauline McNeill and Ted Brocklebank lodged are important, because they address the central issue of inappropriate conversions that damage the fabric of buildings, cause nuisance—and, often, inconvenience—to neighbours and often mean that young people and vulnerable people live in properties whose standards would in all other circumstances be deemed intolerable. My only worry about Ted Brocklebank’s amendment 15 is that it leaves much of the responsibility with local authorities. However, on balance, it is probably best to allow local authorities that flexibility, so I accept the rationale that is at play.

Questions still remain in my mind about the bill’s efficacy. Will it deliver the deterrent effect that it promises? Does it put in place the right measures to deal with overcrowding, without imposing a greater burden on social landlords? Does it go far enough in controlling HMOs appropriately? I suppose that time will tell. In the meantime, I thank all those who have been involved in the bill’s passage—particularly the witnesses, whose evidence genuinely helped to shape the bill.

16:16

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...