Committee
Infrastructure and Capital Investment Committee 04 November 2015
04 Nov 2015 · S4 · Infrastructure and Capital Investment Committee
Item of business
Private Housing (Tenancies) (Scotland) Bill: Stage 1
I think that Liz Ely made the point that no one wants to be in the private rented sector. That is not a universal phenomenon across Europe, and lots of countries have strong private rented sectors. Is the situation here a consequence of the poor security of tenure that we have had historically in the private rented sector? Could the bill presage significant investment as demand rises for homes in the private rented sector? If we address the security of tenure issue, which, as Robert Aldridge said, is one of the constraints on people seeking private rented accommodation, will that be an important departure?
In the same item of business
The Convener (Jim Eadie)
SNP
Good morning and welcome to the 21st meeting in 2015 of the Infrastructure and Capital Investment Committee. I remind everyone present to switch off mobile p...
Barry Stalker (Scottish Government)
Thank you. The Scottish Government set out its vision for the private rented sector in the strategy that was published in 2013. That vision is for “a priva...
The Convener
SNP
Thanks. I will kick off the questions. What are the key differences between the current short assured tenancy framework and the proposed new tenancy?
Barry Stalker
The first key difference is that the new system is clearer and simpler. The review group found that the assured tenancy system is cumbersome, complex, ambigu...
The Convener
SNP
You talked of rebalancing the relationship between tenants and landlords. Is it the Government’s view that the current short assured tenancy arrangements and...
Barry Stalker
The Government’s view is that they can do that. One of the key benefits that we are looking to achieve from the new tenancy is to help tenants better assert ...
The Convener
SNP
You mentioned the high level of responses that have been received during the consultation process and the impact assessments that have been carried out. Are ...
Barry Stalker
The short answer to your first question is yes. As an official, I am satisfied with the consultation process. We undertook two public consultations. For t...
The Convener
SNP
That is helpful. Can you explain the bill’s provisions regarding the statutory terms of the tenancy as set out in part 2, and the tenancy information requi...
Barry Stalker
I will start and I will ask my colleague from the Scottish Government legal directorate to contribute as well. On the tenancy terms, the tenancy that the bil...
Kirsten Simonnet-Lefevre (Scottish Government)
In guidance, we will issue a model tenancy agreement, which will contain the statutory terms that are in schedule 2 and the discretionary terms that may be u...
The Convener
SNP
For clarification, can you say whether the model tenancy agreement will be contained in the regulations?
Kirsten Simonnet-Lefevre
It will not be. The regulations will give the statutory terms and the guidance will give other discretionary terms. There will be a framework that people wil...
The Convener
SNP
Do we have any indication at this stage of what the timescales will be for the publication of those things?
Barry Stalker
As Kirsten said, we need to develop the model tenancy agreement through secondary legislation. We are looking to hit the ground running on that and obviously...
Mike MacKenzie (Highlands and Islands) (SNP)
SNP
The bill proposes an initial tenancy period of six months. Why was that period chosen? Was a longer period considered?
Barry Stalker
Yes. The concept behind the initial tenancy period came from the review group, which considered the matter. In summary, because a short assured tenancy works...
Mike MacKenzie
SNP
That seems to make sense. I will move on to the bill’s approach to notices to end a tenancy. The notice period for tenants is shorter than that for landlords...
Barry Stalker
You are right that a tenant will be required to give four weeks’ notice to a landlord if they have been in the property for less than six months or to give e...
Mike MacKenzie
SNP
A provision in the bill prevents a tenant from ending a tenancy during the initial period unless they have the landlord’s prior written agreement. That could...
Kirsten Simonnet-Lefevre
The provision will ensure that the tenant is tied in for the minimum six-month period. The right of rescission for common-law tenancy exists because tenants ...
Mike MacKenzie
SNP
I am not quite 100 per cent with you there. Will the tenant still retain the common-law right to rescind the agreement in the event of a breach by the landlord?
Kirsten Simonnet-Lefevre
No. The tenant will not have the common-law right simply to end the tenancy, but they will have other rights to ensure that the landlord complies with all th...
Barry Stalker
This comes down to the need to strike a balance. Increasing security of tenure for tenants helps to enable tenants to assert their rights. For example, when ...
James Dornan (Glasgow Cathcart) (SNP)
SNP
Excuse me, convener—I have a brief question for Mr Stalker.
The Convener
SNP
Okay.
James Dornan
SNP
Are you confident that the tenant is not losing out in any way through the change?
Barry Stalker
We have sought to strike a balance; I mentioned the need to rebalance the relationship between tenants and landlords. The provision is about maintaining land...
Mike MacKenzie
SNP
Forgive me for being a bit pedantic, but I will seek a wee bit of clarification that will perhaps assist us. Kirsten Simonnet-Lefevre mentioned the situation...
Barry Stalker
When we set out legislation such as this, we tend to take a general approach. You mention a specific and extreme scenario, which nobody would want. On balanc...