Committee consideration

Parliament agreed to treat the Bill as an emergency bill and considered it over three consecutive days. The Committee had no formal role in scrutiny of the Bill but agreed to take evidence on the issues expected to arise in it from the following stakeholders on 4 October 2022:

• Association of Local Authority Chief Housing Officers
• Scottish Federation of Housing Associations
• Living Rent
• Propertymark
• Crisis
• Scottish Landlords Association

The Committee also took evidence from the Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights at the same meeting.

The meeting papers (which include written submissions from Citizens’ Advice Scotland, Shelter, and the Scottish Property Federation) and official report are available below.

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

Ongoing work

The Act gives Ministers temporary power to cap rents for private and social tenants and for student accommodation. The Act also introduces a moratorium on evictions.

The measures in the Act initially applied from 6 September 2022 to 31 March 2023 but the Act contained a power to allow the provisions to be extended for two further periods of six months with parliamentary approval. Any provision in the Act could also be ended early or be suspended.

In January 2023 the Scottish Government laid regulations which:

• removed the social rented sector cap following a voluntary approach on rent increases with social landlords
• an increase the private rented sector cap to 3%
• a continuation of the pause on the enforcement of eviction orders
• a suspension of the rent cap for student tenancies

The Committee took evidence on the Regulations at its meetings on 21 February and 28 February 2023 and you can view the meeting details below.

The extended provisions expired at the end of September 2023 and accordingly the Scottish Government laid regulations on 1 June to extend the regulations for a further and final period of six months.

The Regulations provided that:

• Most in-tenancy private rent increases would continue to be capped at 3%
• Alternatively, private landlords could apply for increases of up to 6% to help cover certain increases in costs in a specified time period where these costs can be evidenced
• Enforcement of evictions would continue to be paused for six months for most tenants, except in a number of specified circumstances
• Increased damages for unlawful evictions of up to 36 months’ worth of rent would continue to be applicable

The Committee took evidence from the Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights on the Regulations at its meeting on 12 September 2023 and you can view the meeting details below.

Subordinate Legislation under the Cost of Living (Tenant Protection) (Scotland) Act considered by the LGHP Committee

On Tuesday 5 March 2024 the Committee took evidence on the following regulations, under the Act, from the Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights.

Cost of Living (Tenant Protection) (Scotland) Act 2022 (Expiry of Section 10: Extension) Regulations 2024

The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Saving Provisions) Regulations 2024 

The Rent Adjudication (Temporary Modification) (Scotland) Regulations 2024 

The first two sets of Regulations were laid under the affirmative procedure and the Committee agreed (by division) to recommend that the Parliament approve them. The third set of Regulations were laid under the negative procedure and the Committee agreed to make no recommendations on them.

Read the Committee’s report on the Regulations