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Chamber

Meeting of the Parliament 23 September 2025 [Draft]

23 Sep 2025 · S6 · Meeting of the Parliament
Item of business
Housing (Scotland) Bill: Stage 3

My amendments seek to remove an erroneous Conservative amendment that was agreed to at stage 2, which immediately caused considerable upset and concern in the sector. A little humility would therefore go a long way.

In addition, the rent controls that we seek to pass in the bill are evidence led and locally led, and will give sufficient protection to tenants; however, I have also been clear on exemptions, which I know are critical for investment. The amendments in my name will remove reference to student tenancies from part 1 of the bill, and I urge members to support them.

Amendment 150, in the name of Maggie Chapman, is very similar to Graham Simpson’s stage 2 amendment 59, in that it seeks to allow for student tenancies to be covered by rent control. I reiterate that I do not consider that to be appropriate. Student tenancies should not be covered by rent control, and I cannot support amendment 150.

Amendments 179 to 191 and amendment 258, in the name of Edward Mountain, are similar to his amendments that were lodged at stage 2. They seek to replicate the regulatory requirements in relation to rent increases in the private rented sector for student tenancies. Ultimately, they appear to create a rent increase process and a means by which rent increase could be challenged.

As I have said, the student accommodation sector operates very differently from the mainstream private rented sector, and rent increases in student tenancies do not generally take place mid-tenancy; instead, they are for a fixed-term duration, which is aligned with the academic year. Edward Mountain’s amendments seek to treat student tenancies the same as tenancies in the PRS when it comes to restrictions on in-tenancy rent increases, and they do not take account of the inherent differences. In addition, as far as I understand it, there has been no consultation with the sector. I therefore cannot support those amendments.

Amendment 220, in the name of Maggie Chapman, is identical to an amendment that was considered and disagreed to at stage 2. It seeks to gather additional information on non-United Kingdom students and tenancy deposits, which I understand would support the use of a proposed regulatory power that is also provided for in the amendment.

As we set out previously, there are significant practical issues with obtaining that data in the way that is proposed, which lacks a clear remit or purpose. The tenancy deposit schemes do not currently collect information from tenants that would enable them to establish whether a tenancy deposit was for a non-UK domiciled student. Placing a requirement on the schemes to do that would be a significant change, which would have resource and cost implications. I therefore cannot support amendment 220.

Amendment 221, in the name of Edward Mountain, would increase the maximum limit for tenancy deposits from two months to three months for international students, where they are not required to provide a guarantor. I understand that, for international students, there can be barriers to accessing the private rented sector, such as difficulty with providing a United Kingdom-based guarantor. However, I do not think that the introduction of an increased deposit amount in place of the guarantor requirement would be sufficient to address some of the concerns of landlords. Indeed, we can envisage a scenario in which that could arguably make matters worse for international students, by requiring them to provide even larger deposits to satisfy landlords.

In addition, I must flag up the fact that treating different groups of people differently on account of their national origin could amount to discrimination under the Equality Act 2010 and article 14 of the European convention on human rights. I am absolutely committed to further work on guarantor support, but I cannot support the formulation of amendment 221.

Amendment 222, in the name of Maggie Chapman, was also lodged at stage 2 and was not agreed to. It would require ministers to establish a public body, through regulations, to act as guarantor for non-UK domiciled students. I cannot support the amendment, given the on-going financial implications that it would necessarily have.

We committed to considering how existing avenues of support could be strengthened as a more cost-effective alternative, and I would like to update members on that. My officials are carrying out a mapping exercise to increase our understanding of guarantor support, which will help us to identify gaps in provision, barriers to access and any possible solutions. Once completed, I would like the exercise to form the basis of more detailed work with local authorities, student housing providers in particular and members on how we can formulate a more consistent approach, whether that is a national framework or guidance. For that reason, I ask Maggie Chapman not to move amendment 222 but to work with me on a comprehensive and detailed piece of work.

Amendment 239, in the name of Graham Simpson, and amendment 370, in the name of Pam Duncan-Glancy, seek to amend current legislation in respect of local housing strategies by making specific reference to students when local authorities are assessing housing provision and related services in their area. Amendment 370 would also require ministers to produce specific guidance on purpose-built student accommodation and local authorities to have regard to that.

I understand the intention behind the amendments, but I do not believe that there is a need to specify that in primary legislation, because the existing legislative requirements on authorities are clear that they relate to the housing needs of all people in the area. I cannot support the introduction of legislation that would target support for one specific group over another, recognising that, in meeting local housing needs, local authorities will require to balance the needs of a much fuller range of priority groups, as informed by their housing need and demand assessment. Therefore, although I understand the intention, I cannot support the amendments.

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is stage 3 proceedings on the Housing (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at s...
The Presiding Officer NPA
Group 1 is on student tenancies and accommodation. Amendment 123, in the name of the Cabinet Secretary for Housing, is grouped with amendments 124, 137, 150,...
The Cabinet Secretary for Housing (Màiri McAllan) SNP
I am pleased to begin our stage 3 consideration of the Housing (Scotland) Bill with group 1. Amendment 105, in the name of Pam Duncan-Glancy, seeks to provid...
Ross Greer (West Scotland) (Green) Green
Will the cabinet secretary take an intervention?
Màiri McAllan SNP
I will finish this point, and then I will be glad to do so. It is not appropriate to specify that certain groups of students can end a tenancy whereas other...
Ross Greer Green
For the sake of time, I clarify to the cabinet secretary that, given that we all agree on the outcome, I am happy not to move my amendments 372 and 388 and f...
Màiri McAllan SNP
I, too, believe that amendment 105 and its consequential amendment 116, in the name of Pam Duncan-Glancy, present the best, most balanced approach to the iss...
Meghan Gallacher (Central Scotland) (Con) Con
Does the cabinet secretary understand that introducing rent controls in the way that the Scottish National Party Government has done in recent years has left...
Màiri McAllan SNP
My amendments seek to remove an erroneous Conservative amendment that was agreed to at stage 2, which immediately caused considerable upset and concern in th...
Pam Duncan-Glancy (Glasgow) (Lab) Lab
I appreciate the minister’s point. However, on that basis, can she comment on the fact that, for example, since 2015, 28 per cent of approvals for accommodat...
Màiri McAllan SNP
I absolutely take note of the point and the statistics that Pam Duncan-Glancy puts to me, and I do not doubt for a second that there are pressures to be work...
Ross Greer Green
I am glad that the cabinet secretary mentioned that much of the work on drafting model terms and conditions is already under way. That is why amendment 373 i...
Màiri McAllan SNP
First, it is not necessary to do so. The work is well under way—it is well progressed. A range of experts have been involved in its formulation and the work ...
The Deputy Presiding Officer (Liam McArthur) LD
Thank you, cabinet secretary. I point out to members that if amendment 136, in the group on rent conditions and designation of rent control areas, is agreed ...
Maggie Chapman (North East Scotland) (Green) Green
I will just take a wee moment to thank everyone on the legislation team for all their meticulous work, over many, many months, on this bill. I thank the cabi...
Fergus Ewing (Inverness and Nairn) (Ind) Ind
What would the member say to my constituent, who wrote to me this week to say that she has one flat with a tenant who has not paid rent for six months, with ...
Maggie Chapman Green
I thank the member for that intervention—maybe. Later in the bill process—probably not today, but tomorrow or next week—we will come to comment specifically ...
Edward Mountain (Highlands and Islands) (Con) Con
Every time that we discuss the bill, I will remind members of my entry in the register of members’ interests. To be perfectly clear, and so that there is no ...
Maggie Chapman Green
What does Edward Mountain think happens if a landlord sells a property because they no longer wish to continue being a landlord? Does he not accept that that...
Edward Mountain Con
That is a wonderful idea, Ms Chapman—just come up to the Highlands and have a look round. I am sure that other members in this chamber, such as Ms Forbes, wi...
Pam Duncan-Glancy Lab
I thank the cabinet secretary for her indication that the Government will support my amendments 105 and 116, which will provide for the creation of regulatio...
Graham Simpson (Central Scotland) (Reform) Reform
I have just one amendment in the group, which is amendment 239. At the moment, councils do not have to factor in the needs of students when producing local h...
Ross Greer Green
The issues that are raised by amendments 372 and 388 have been covered, so I will not move those amendments. Amendment 373 and the consequential amendment ...
Willie Rennie (North East Fife) (LD) LD
I want to discuss drawing purpose-built student accommodation into the rent control measures. I attended the Local Government, Housing and Planning Committee...
Ross Greer Green
As I have acknowledged, it is clear that Graham Simpson’s stage 2 amendment will be undone, by majority, today. However, given what Mr Rennie has said, how d...
Willie Rennie LD
I do not think that the voluntary scheme has been scrutinised effectively. Graham Simpson’s amendment has brought greater Government focus on trying to get t...
The Deputy Presiding Officer LD
I call the cabinet secretary to wind up.
Màiri McAllan SNP
In the interest of time, I will be brief. I associate myself with Willie Rennie’s contribution, particularly in relation to the balance that he is seeking to...
The Deputy Presiding Officer LD
The question is, that amendment 123 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer LD
There will be a division. There will be a five-minute suspension to allow members to log into the digital voting system. 15:35 Meeting suspended. 15:41 On ...