Chamber and committees

The answer to S6W-20289 on 16 August 2023 makes clear that we are currently unable to say how many households will be directly lifted out of temporary accommodation.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

A series of meetings, both at a political and official level, are underway to engage with local authorities on the Scottish Government’s response to the recommendations of the Temporary Accommodation Task and Finish Group. We are aware that there are some areas of the country where this work is less urgent, such as local authorities where registered social landlords (RSLs) have a low supply of stock or the type of stock is not in demand.

We are working with the Scottish Federation of Housing Associations and the Glasgow West of Scotland Forum of Housing Associations and other partners to identify ways to target action on the local authorities with the greatest temporary accommodation pressures, including some stock transfer authorities. We will report on outcomes from these discussions in due course.

The policy review work is being led by civil servants as part of their overall role of policy development and operational delivery. As such there are no costs that have been incurred. Two full-time equivalent policy team officials are working on the review as part of their wider duties with support from other officials, including analysts, as required.

I refer the member to the answer to question S6W-17723 on 17 May 2023. Parliament will be updated once the review has completed. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The following table shows the average processing times for the cases which settled during each quarter since April 2022 and how many of those were processed within the requested timescales.

I refer the member to the answer to question S6W-10237 on 7 September 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

All applications to HOSF are tested for eligibility for both Mortgage to Rent (MtR) and Mortgage to Shared Equity (MtSE). Due to the circumstances of individuals there have been no Mortgage to Shared Equity cases since 2015, in particular many applicants have high levels of complex unsecured debts and low earnings.

The following table shows the number of applications received during each quarter since April 2022 and the number of applications successfully completed. Mortgage to Rent is a voluntary scheme and participation from applicants, lenders, trustees and social landlords is required for a case to succeed.

The Cost of Living (Tenant Protection) (Scotland) Act 2022 is an emergency response to provide additional protection to people who rent their home during the cost crisis. It aims to ensure that the majority of tenants - including those who are part of a joint tenancy in the private rented sector - are protected by the temporary emergency measures, by capping in-tenancy rent increases.

Joint tenancies are subject to the cap on in-tenancy rent increases. The Scottish Government do not hold details of the turnover of joint tenancies in Scotland so are unable to estimate or model how many such tenancies may be ended due to some joint tenants moving out while others remain in the property.

The Cost of Living (Tenant Protection) (Scotland) Act 2022 aims to ensure that the majority of tenants living in the private rented sector are protected by the temporary, emergency measures.

Tenancies under the Rent (Scotland) Act 1984 are exempt from the temporary rent cap, and there are only a small number of remaining tenancies under this Act. For these tenancies, rent increases can only occur every 3 years and the restrictions on rent increases already built into the system operate to ensure rents in respect of the 1984 Act are raised at fair levels.

The Private Residential Tenancy was designed so that one tenant cannot terminate a joint tenancy on behalf of all the joint tenants, as this could result in a person who wished to stay in the let property being made homeless when another tenant chooses to leave.

Current legislation does give the landlord the right to decide not to agree to continuing the existing tenancy in those circumstances and can request that a new tenancy be issued at the point of a new person moving into the property. As the rent cap element of the emergency Cost of Living (Tenant Protection) (Scotland) Act 2022 applies only to in-tenancy rent increases, where a new tenancy is created the landlord is able to increase the rent being requested.

Whilst we believe the emergency Act is bringing significant extra protections for people living in the private rented sector during the ongoing cost crisis, it was not able to make more fundamental changes to the Private Housing (Tenancies) (Scotland) Act 2016 with respect to joint tenancy arrangements.