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Cost of Living (Tenant Protection) Scotland Bill

The Bill makes changes to the law by:

  • temporarily restricting landlords from increasing the amount of rent they can charge on residential tenancies
  • temporarily placing certain restrictions on evictions from residential tenancies
  • allowing for Scottish Ministers to make regulations about matters a rent officer or a First-Tier Tribunal must consider in determining rent.

This is a Government bill

The Bill became an Act on 27 October 2022

Introduced: the Bill and its documents

Overview

The Bill temporarily changes the law to restrict landlords from increasing the amount of rent they can charge on residential tenancies. This change would also apply to student residential accommodation. There are exceptions for landlords experiencing increased property costs, such as mortgage interest or service charges in relation to their leased property. 

Additionally, the Bill places certain restrictions on evictions from residential tenancies. There are exemptions for landlords, including where a landlord is experiencing financial hardship.

Most of the changes in the Bill will expire at the end of 31 March 2023 unless the Scottish Ministers extend them by regulations. They can be extended to 30 September 2023 and then again to 31 March 2024.

The Scottish Ministers are also required to report on the changes about every three months.

The Bill also allows the Scottish Ministers to make regulations about matters a rent officer or a First-Tier Tribunal must consider in determining rent. This change is set to end on 31 March 2024 unless the Scottish Ministers uses regulations to extend it. There is no limit to the number of times it can be extended but can only be extended for a up to a year at a time.  

Accompanying Documents

Explanatory Notes (182KB, pdf) posted 03 October 2022

Policy Memorandum (280KB, pdf) posted 03 October 2022

Financial Memorandum (184KB, pdf) posted 03 October 2022

Delegated Powers Memorandum (202KB, pdf) posted 03 October 2022

Statements on legislative competence (109KB, pdf) posted 03 October 2022

Accompanying Documents (print versions)

Explanatory Notes (245KB, pdf) posted 03 October 2022

Policy Memorandum (271KB, pdf) posted 03 October 2022

Financial Memorandum (176KB, pdf) posted 03 October 2022

Delegated Powers Memorandum (269KB, pdf) posted 03 October 2022

Statements on legislative competence (160KB, pdf) posted 03 October 2022

Crown Consent

This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

The Bill was introduced on 3 October 2022

Stage 1: general principles

Emergency Bill

The Parliament agreed that the Cost of Living (Tenant Protection) Scotland Bill should be treated as an Emergency Bill at the meeting of the Parliament on 4 October 2022.

Stage 1 Debate and decision

A Stage 1 debate took place on 4 October 2022 to consider and decide on the general principles of the Bill.

  • Motion title: Cost of Living (Tenant Protection) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Cost of Living (Tenant Protection) (Scotland) Bill.
  • Submitted by: Patrick Harvie
  • Date lodged: Monday, 03 October 2022
  • Motion reference: S6M-06178
  • Current status: Taken in the Chamber on Tuesday, 04 October 2022

Result 88 for, 29 against, 0 abstained, 12 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 4 October 2022

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Committee of the Whole Parliament

Documents with the amendments considered at the meeting held on 5 October 2022.

Marshalled List of Amendments for Stage 2 (761KB, pdf) posted 05 October 2022

Groupings of Amendments for Stage 2 (213KB, pdf) posted 05 October 2022

The Bill ended Stage 2 on 5 October 2022

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debates on proposed amendments

Documents with the amendments considered at the meeting held on 6 October 2022.

Marshalled List of Amendments for Stage 3 (246KB, pdf) posted 06 October 2022

Groupings of Amendments for Stage 3 (273KB, pdf) posted 06 October 2022

Final version of the Bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Cost of Living (Tenant Protection) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Cost of Living (Tenant Protection) (Scotland) Bill be passed.
  • Submitted by: Shona Robison
  • Date lodged: Tuesday, 04 October 2022
  • Motion reference: S6M-06213
  • Current status: Taken in the Chamber on Thursday, 06 October 2022

Result 89 for, 27 against, 0 abstained, 13 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 6 October 2022

Bill becomes an Act

The Bill was passed on 6 October 2022 and became an Act on 27 October 2022.

Read the Act

Cost of Living (Tenant Protection) (Scotland) Act 2022