Housing (Scotland) Bill

The Bill makes changes in the law in relation to housing.

These changes cover protections for tenants, preventing homelessness, and other housing matters.

This is a Government bill

The Bill was introduced on 26 March 2024 and is at Stage 1

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill is at Stage 1 of the process to decide if it should become an Act.

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Overview

The Bill has six main Parts.

Part 1 relates to the rent paid by tenants under private residential tenancies. It includes:

duties on local authorities to assess rent conditions in their area, at least once every 5 years
powers for Scottish Ministers to introduce rent control areas and place limits on rent increases
restrictions on rent increases at the start of a tenancy in rent control areas
limits on how often rent can increase during a tenancy both in and outside rent control areas.

Part 2 places duties on the First-tier Tribunal for Scotland and the courts. This includes considering delays to carrying out an eviction order for private and social housing tenants. It also changes how damages for unlawful eviction are calculated.

Part 3 introduces new rights:

for private and social housing tenants to request to keep a pet
for private housing tenants to make changes to the property they are renting.

Part 4 makes changes to other matters affecting tenants, including:

allowing unclaimed deposits to be paid to the Scottish Ministers or into another fund so that they can be used to provide support to private tenants across Scotland
allowing a single joint tenant to end a joint tenancy
giving Scottish Ministers the power to convert assured tenancies into private residential tenancies.

Part 5 of the Bill relates to homelessness prevention. Changes include:

making relevant bodies, such as health boards or the police, ask if an individual is homeless or at risk of homelessness, and making them take action if they are
making local authorities act sooner to prevent homelessness by taking reasonable steps
making social landlords put in place support for tenants if they are overdue on rent due to domestic abuse
making social landlords have a policy which sets out how they will support tenants who are at risk of homelessness due to domestic abuse.

Part 6 deals with other housing matters including:

changing the way mobile home pitch fees are calculated so increases follow the Consumer Prices Index (CPI) rather than the Retail Prices Index (RPI)
changing the reporting and consultation requirements in the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 and removing some limits on the operating costs of the Scottish Fuel Poverty Advisory Panel
allowing the Scottish Public Services Ombudsman (who investigates, reports on and helps settle complaints) to share information with the new homes ombudsman for the UK.

Why the Bill was created

The Scottish Government introduced the Bill to deliver its rented sector strategy, A New Deal for Tenants, and some policy ideas for housing as set out in Housing to 2040, while also seeking to deliver on an ambition to end homelessness.

All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:

Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.

Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.

Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.

Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.

Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.

Crown Consent

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

Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills.  You can find out more in About Bills.

Financial Resolution

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

For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:

it would be likely to increase public spending significantly
it would be likely to increase taxation, or would require certain payments to be made.

If a Bill requires a Financial Resolution:

only the Scottish Government can propose it, usually at the end of Stage 1
until a Financial Resolution is agreed, Stage 2 can’t get under way.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Housing (Scotland) Bill

The Bill was introduced on 26 March 2024

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

On 24 April 2024, Parliament agreed motion S6M-12949, that consideration of the Housing (Scotland) Bill at Stage 1 be completed by 29 November 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Local Government, Housing and Planning Committee.

The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.

Call for views (closed)

The Committee asked for written views on the Bill from organisations and individuals, to help it think about ways that could improve the proposed law, and if the draft Bill should be passed into law by the whole Parliament.

Read the call for views

The Scottish Parliament Information Centre (SPICe) has produced a summary of written submissions.

Read the summary of written submissions (251KB, pdf) posted 06 June 2024

The call for views closed on 17 May 2024.

Housing (Scotland) Bill

Introduced: the Bill and its documents

Overview

Why the Bill was created

Bill as Introduced

Accompanying Documents

Accompanying Documents (print versions)

Crown Consent

Financial Resolution

Research on the Bill

Stage 1: general principles

Timetable for Stage 1

Lead committee examines the Bill

Call for views (closed)

Meetings

16 April 2024

28 May 2024

04 June 2024

11 June 2024

18 June 2024

25 June 2024

03 September 2024

10 September 2024

01 October 2024

08 October 2024

29 October 2024

05 November 2024

Other ways the committee heard views and experiences.

Correspondence: lead committee

Ministerial statement

Stage 1 report by the lead committee

Work by other committees

Social Justice and Social Security Committee

Meetings

18 April 2024

06 June 2024

13 June 2024

20 June 2024

27 June 2024

05 September 2024

12 September 2024

Engagement

Report

Social Justice and Social Security Committee Correspondence

Finance and Public Administration Committee

Finance and Public Administration Committee Correspondence

Delegated Powers and Law Reform Committee

Meetings

04 June 2024

25 June 2024

03 September 2024

Report

Delegated Powers and Law Reform Committee Correspondence

Stage 1 Debate and decision