Committee
Local Government and Communities Committee 25 September 2019
25 Sep 2019 · S5 · Local Government and Communities Committee
Item of business
Subordinate Legislation
Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019 [Draft]
Kevin Stewart
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There is always a balance to be struck. I did not do the analysis so I will pass over to Ms McHaffie, because her team undertook the analysis of the consultation responses.
In the same item of business
The Convener
SNP
Agenda item 2 is consideration of the Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019 Draft, which make minor improvements to the operation of ...
The Minister for Local Government, Housing and Planning (Kevin Stewart)
Good morning, convener. I am pleased to present the Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019 for the committee’s scrutiny. If the regula...
The Convener
SNP
Thank you, minister. Do members have any questions?
Andy Wightman (Lothian) (Green)
Green
Do the regulations strengthen the interests of tenants more than those of landlords, or of landlords more than tenants?
Kevin Stewart
There is a balance to be struck in all these cases, and I think that we have struck that balance. The regulations will ensure that there is fairness across t...
Andy Wightman
Green
Figure 14 in the “Review of Tenancy Deposit Schemes in Scotland” shows whether tenants and landlords felt that they were treated fairly at the end of the ten...
Kevin Stewart
There is always a balance to be struck. I did not do the analysis so I will pass over to Ms McHaffie, because her team undertook the analysis of the consulta...
Charlotte McHaffie (Scottish Government)
There is a challenge around some of the evidence that is required when a deposit goes into a dispute. That is why the schemes have an adjudication process, w...
Andy Wightman
Green
The regulations will not change that very much.
Charlotte McHaffie
They will not change the adjudication process. The schemes can continue to look at the process and at how information can be provided to landlords at an earl...
Graham Simpson (Central Scotland) (Con)
Con
How would the regulations speed up payment to a tenant when the landlord does not want any money back?
Kevin Stewart
Again, there is a balance to be struck in getting all this absolutely right. The review showed that, in the main, the scheme is working well; that is why onl...
Charlotte McHaffie
At the moment, there is a requirement for the schemes to go back to the tenant for confirmation when the landlord has said that they do not want anything, wh...
Graham Simpson
Con
Okay—so the landlord will not have to go back to the tenant. They will just pay them the money.
Charlotte McHaffie
Yes.
The Convener
SNP
Thank you. As there are no further questions, we move to agenda item 3, which is formal consideration of motion S5M-18218. Minister, do you wish to speak?
Kevin Stewart
No. Motion moved, That the Local Government and Communities Committee recommends that the Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019 dra...
The Convener
SNP
The committee will report on the outcome of the instrument in due course. Does the committee agree to delegate authority to me as convener to approve a draft...
The Convener
SNP
Thank you very much, minister. I suspend the meeting briefly to allow a change of witnesses. 09:39 Meeting suspended. 09:41 On resuming—