This is a Member's bill
The Bill fell on 4 May 2021 at Stage 1
This Bill fell at Stage 1 of the process to decide if it should become an Act.
The Bill changes the law about private rented housing in Scotland to try to control rent levels. The Bill adds to the law about private rented housing in the Private Housing (Tenancies) (Scotland) Act 2016.
The Bill:
The Bill also means that the Scottish Government has to publish a statement within 3 years. The statement must show how the Bill has affected rent levels in Scotland and how affordable private rented housing is.
The aim of the Bill is to improve the way rents are set in private rented housing. This is intended to reduce poverty and support low income tenants and their families.
The Bill aims to do this by limiting the amount a landlord can increase rent. It also aims to do this by allowing a tenant to apply for a fair open market rent to be set. This fair rent has to take into account the condition of the property and other issues. The Bill also aims to do this by improving the information that is available in public about rent levels.
Fair Rents (Scotland) Bill as Introduced (326KB, pdf) posted 01 June 2020
Explanatory Notes (149KB, pdf) posted 01 June 2020
Policy Memorandum (268KB, pdf) posted 01 June 2020
Financial Memorandum (510KB, pdf) posted 01 June 2020
Delegated Powers Memorandum (92KB, pdf) posted 05 February 2021
Statements on legislative competence (89KB, pdf) posted 01 June 2020
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.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not 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:
If a Bill requires a Financial Resolution:
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 Fair Rents (Scotland) Bill
The Bill was introduced on 1 June 2020
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.
The lead committee for this Bill is the Local Government and Communities 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.
The consultation closed on 14 December 2020.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on [xx/month/year] to consider and decide on the general principles of the Bill.
See further details of the motion
If MSPs do not agree with what a Bill is trying to do, they can vote against it at the end of Stage 1 or at Stage 3. If a majority of MSPs vote against a Bill then it will not pass and it ‘falls’.
Bills can also fall if they have not completed Stage 3 by the end of a Parliamentary session. These Bills can be reintroduced in the next session and the process would begin again from the start.