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Local Government, Housing and Planning Committee 17 February 2026 [Draft]

17 Feb 2026 · S6 · Local Government, Housing and Planning Committee

Item of business

Subordinate Legislation

Council Tax (Variation for Unoccupied Dwellings) (Scotland) Amendment Regulations 2026 [Draft]

Tom Ockendon Watch on SPTV

SFHA members were supportive of the introduction of Awaab’s law and measures to deliver better outcomes for tenants. We supported that through work in relation to the Housing (Scotland) Act 2025 and, as part of that commitment, we facilitated a series of round tables with our members. Along with the Association of Local Authority Chief Housing Officers, we formed a recommendations paper, which was submitted to the Scottish Government, and to the committee as evidence.On the broad approach, we think that the regulations reflect those conversations. Mostly, they build on the existing regulatory framework and they amend the right to repair, which is really important. The focus on damp and mould is also welcome. There are also key mitigations for landlords in relation to circumstances that are beyond their control. We think that that strikes a good balance between the interests of tenants and of landlords.I agree with Gillian Campbell’s point about fuel poverty. A lot of cases of damp and mould will be related to tenants’ inability to afford to heat their home. There are a few key drivers of damp and mould. In the social sector, there are really high energy efficiency standards. In 2023, 78 per cent of housing association homes had an energy performance certificate band of C or above. Among the key drivers of fuel poverty are not necessarily energy-inefficient homes but high energy costs and low incomes, which are especially acute in certain parts of the country.The implementation timeline—from October—is broadly welcome; it is more welcome than the initial suggestion in the housing emergency action plan of a March implementation. As Anna Gardiner did, we made the point that the guidance will be really important. Given the implementation timeline, it is really important for the guidance to come out in a timely manner, so that housing associations can prepare thoroughly and get their processes and policies in place. The October timeline is not necessarily too much of a problem; the problem will be getting the guidance in advance of that, rather than a couple of weeks beforehand, in the build-up to implementation.I will make one quick point on the annual return on the charter. Housing associations will be reporting on three new indicators on damp and mould from April 2026. We will probably have that information in the late summer of this year, and the regulator would support a thematic review of those indicators to understand what the situation in the sector actually is. An implementation date of October would not necessarily allow that evidence to be taken into account.

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Local Government, Housing and Planning Committee 17 February 2026 [Draft]

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