The Official Report is a written record of public meetings of the Parliament and committees.
The Official Report search offers lots of different ways to find the information you’re looking for. The search is used as a professional tool by researchers and third-party organisations. It is also used by members of the public who may have less parliamentary awareness. This means it needs to provide the ability to run complex searches, and the ability to browse reports or perform a simple keyword search.
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We’ve chosen to display the entirety of each MSP’s contribution in the search results. This is intended to reduce the number of times that users need to click into an actual report to get the information that they’re looking for, but in some cases it can lead to very short contributions (“Yes.”) or very long ones (Ministerial statements, for example.) We’ll keep this under review and get feedback from users on whether this approach best meets their needs.
There are two types of keyword search:
If you select an MSP’s name from the dropdown menu, and add a phrase in quotation marks to the keyword field, then the search will return only examples of when the MSP said those exact words. You can further refine this search by adding a date range or selecting a particular committee or Meeting of the Parliament.
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You can either use the Start date and End date options to run a search across a particular date range. For example, you may know that a particular subject was discussed at some point in the last few weeks and choose a date range to reflect that.
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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1141 contributions
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
In a rent control area, a landlord will be prevented from increasing the rent under a private residential tenancy for the property more than once in a 12-month period, even if a new tenancy is granted in that time. Accordingly, tenants who are considering entering into a lease in a rent control area should have the information that they need to make informed decisions about renting a property. Therefore, the Scottish Government has lodged amendments 354 to 361 in relation to information that landlords must include in rental adverts for properties in rent control areas, unless those properties are exempt from rent control.
Together, amendments 355 and 358 will ensure that information about rent increases in the previous 12-month period and the most recent rent payable for the property is available to tenants who are looking to rent in a rent control area. That will help tenants to understand the earliest date on which the rent can be increased, which is an essential part of ensuring that the rent is applied correctly between tenancies. Amendment 360 will help a landlord to understand whether a previous rent increase is a relevant rent increase for the purposes of these advertisement requirements. That will also support the provision of the correct information in adverts.
Amendments 356, 357 and 359 require the advert to highlight to prospective tenants that the rent at the start of the lease may be different from the rent specified in the advert if there is a variation in the percentage change in the consumer prices index before the start of the lease. That change is necessary as a consequence of the amendments to set out a CPI-based rent cap formula in the bill, which were debated in group 5. These amendments will enhance the effective operation of the rent control measures in the bill and will ensure that tenants have the information that they need in order to exercise their rights and make informed decisions about taking on a tenancy.
Amendment 422, in the name of Mark Griffin, would require the provision of an inventory to all tenants before a tenancy commences. The provision of inventories is already common practice in the private rented sector, and, in instances in which a letting agent deals with a tenancy check-in, it is a requirement under the code of practice unless otherwise agreed in writing with the landlord. The Scottish Government’s easy-read notes, which must accompany the PRT model tenancy agreement, encourage landlords and tenants to create a detailed written inventory and schedule of condition at tenancy commencement. Therefore, the need for a statutory requirement is unclear. In addition, although it is in the best interests of tenants and landlords for an inventory to be completed, there would be difficulties involved in enforcing any mandatory requirement. I therefore ask the member not to move the amendment
Amendments 247 and 248, in the name of Daniel Johnson, would require private landlords, under a private residential tenancy, and social landlords, under a social tenancy, to provide tenants with information on the rent that is payable in each of the previous 36 months. Although I recognise the calls for improved data on rent to be made available, these amendments are not necessary. For the private rented sector, information on the previous rent payable is required by tenants only where a rent control area is in place and would be unnecessary for other tenants. We have already made provision, as part of rent control measures and through our own amendments, to ensure that tenants have the information that they need to know, such as when the first rent increase might take place. That will allow people to consider whether they want to take a tenancy on.
Where a tenancy is not in a rent control area, increases in rent are restricted to once in a 12-month period, and my amendments would prevent rent increases within the first 12 months of the tenancy. In addition, section 11 of the 2016 act already allows ministers to impose a duty on landlords or prospective landlords to provide the tenant with information as specified in regulations, should that be required in the future.
In the social rented sector, information on rents is already publicly available to tenants and prospective tenants on the Scottish Housing Regulator’s website, through its landlord comparison tool. That enables a tenant or anyone with an interest to check the average rent of different sizes of landlords’ homes from 2014-15 onwards. Information on the regulator’s annual reports for each landlord also includes the average percentage increase in weekly rent for each year. Social rented sector tenants also have a right, under the 2001 act, to request information on their landlord’s policy and procedure in relation to the setting of rent and other charges, and the landlord has to provide that.
Therefore, amendments 247 and 248 are not required, and I ask the member not to press them.
Amendment 273, in the name of Maggie Chapman, seeks to introduce additional information that a landlord must provide to tenants alongside their written terms of tenancy before the day on which a new tenancy commences. I agree that it is vital that tenants are aware of and empowered to utilise their rights, including having access to relevant information that may affect their tenancy. Existing statutory requirements require specified information to be provided by the landlord free of charge to tenants at the point at which their tenancy commences. In addition, existing regulation-making powers in the 2016 act enable ministers to set out further information that must be provided by a landlord to a tenant. In my view, it is more appropriate to use those existing powers than to insert new requirements in the bill.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
I have very little to say in winding up, but I recognise that we will need to raise awareness of new rights and changes and update tenancy documents and information as part of the implementation of the bill, should it be passed by the Parliament. Clearly, further signposting can be provided at this point. Although I do not agree with Maggie Chapman’s amendments, I think that she raises a very important point about ensuring that the tenant has the right information and that they obtain it in an appropriate timeframe. That is an important part of the work that we will need to look at in implementing the bill.
I press amendment 354.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
Enforcement is incredibly important, because there is no point in having rights and obligations if those are not being enforced. As I will come on to say, I am keen to work with a number of members to see what can be done. Many of the improvement issues can be dealt with in a non-legislative way, and the conversations that I hope to have over the summer will also show whether there are gaps in primary legislation that we need to come back to. Enforcement measures, such as fines, may be something that we will have to come back to by using legislation.
Amendment 249, in the name of Daniel Johnson, and amendment 385, in the name of Ariane Burgess, would provide that a tenant could withhold rent payments when the landlord failed to meet the repairing standard. Although I agree that the landlord should always meet the repairing standard, such issues are already provided for in law. Section 26(2)(b) of the 2006 act already enables the First-tier Tribunal to make a rent relief order when a landlord has failed to comply with a repairing standard enforcement order. A rent relief order is one that reduces the rent by up to 90 per cent for the duration of the order.
Amendments 249 and 385 would both put the onus on the tenant to determine whether they could withhold rent, rather than having a judicial assessment of whether the rent could be withheld. That approach would create the risk that a tenant could be left with significant rent arrears to make up if they were to get the assessment of the repairing standard wrong, and I would be greatly concerned about that change. The existing rent relief process, under section 27 of the 2006 act, enables the First-tier Tribunal to issue a rent relief order. That mechanism provides reassurance to the tenant that the reduced rent will not have to be paid back at a later date and that they can legitimately pay less rent without any fear of later repercussions.
In my view, amendments 249 and 385, although exceptionally well intentioned, would not improve tenants’ rights.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
I am just about to come on to that issue, too, convener. As I have said, there are existing tenants’ rights in relation to repairs and enforcement. The amendments that we are dealing with today and the discussions that I have had with members highlight the fact that those rights are meaningful only if tenants and relevant bodies know how to use them and if there are no barriers to using them. Convener, the point that you have made with that one example, which is just one of the many examples that we have discussed under this group of amendments, is an exceptionally important one.
It is important that, as long as we are looking at how the regulatory framework can be improved—for example, through primary or secondary legislation—we also look at what additional non-legislative support can be put in place. We can explore a range of options with the potential to better enable tenants to exercise their rights, such as raising further awareness of existing rights and providing routes of redress such as third-party reporting, where the local authority applies to the tribunal to enforce necessary repairs on behalf of a tenant. Other forms of practical support and advice are available to help tenants navigate the tribunal process.
I am keen to work with stakeholders and members to consider what additional interventions would be feasible and effective to achieve the policy objectives behind many of the amendments in this group. I still do not believe that primary legislative change is required here, but work definitely is, and I hope that that work will allow us to meet those policy objectives.
Amendment 254, in the name of Ariane Burgess, would provide Scottish ministers with the power to delegate to such a public body as they consider appropriate the function of providing officers under the Agricultural Wages (Scotland) Act 1949 with the ability to do certain things, such as inspect workers accommodation. I recognise the need to ensure that accommodation for agricultural workers is fit for habitation, but I do not agree that amendment 254 would provide the reassurance that is being sought. It is unclear whether the amendment creates a function that can be delegated, and it is also not clear that wages officers under the 1949 act would have the expertise to enable them to inspect the standard of property, given that their main function relates to the wages paid to agricultural workers. Scoping work has been on-going to help us better understand the full context of the issue and potential solutions.
Local authorities are currently responsible for enforcement of legal housing standards. Enforcement generally happens on a reactive basis, when local authorities are made aware of concerns about the condition of property and can respond. Although local authorities would welcome stronger powers to address poor agricultural seasonal worker accommodation, enforcement would pose challenges for local authorities. The Government is fully committed to further engagement with local authorities and other interested parties on that issue, and development work to understand how it can be addressed is on-going.
I therefore ask the member not to move amendment 254.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
I absolutely recognise the point that you are making, and I would be happy to provide that information in writing to you and the committee following today’s discussions.
Amendments 477 and 479, in the name of Paul Sweeney, would oblige Scottish ministers to provide a process by which a tenant may request a local authority to buy the house that they rent if that house does not comply with housing standards. Although I support the principle that private rented homes should be of good quality, the proposed amendments could lead to the local authority purchasing a substandard property instead of enforcing housing standards. There is no need for a statutory right for a tenant to request that a local authority exercise its existing powers to make a compulsory purchase of a property; tenants can approach their local authority and make such a request at present.
There are also existing enforcement mechanisms for local authorities when a property fails to meet the tolerable standard or the repairing standard, both of which I have talked about in relation to previous amendments in the group. Where a landlord has failed to comply with housing standards, it would be more appropriate for those standards to be enforced than to expect the local authority to purchase the property. Although I appreciate the intention behind the amendments, I consider them to be unnecessary and I urge the member not to move them. However, as with previous amendments in the group, I am very happy to work with Mr Sweeney to see whether there is a non-legislative approach that can be taken to achieve his aim of greater connectivity between compulsory purchase orders and tenants knowing their rights in that area. Indeed, I thank him for the conversations that we have already had on that point.
Amendment 489, in the name of Ariane Burgess, aims to enable the First-tier Tribunal for Scotland to consult an independent person when considering whether a landlord has complied with certain aspects of the repairing standard. Although I understand the reasoning behind the amendment, what is proposed is already provided for in law. The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 already give the tribunal very wide powers to obtain expert evidence. In addition, paragraph 2 of schedule 2 to the 2006 act enables the tribunal to request and consider a report from a third party. Therefore, I cannot support the amendment, given that what is proposed is already amply provided for in law.
Amendment 490, in the name of Daniel Johnson, would impose an obligation on an owner or occupier of the property in a tenement building to take steps to ensure that utility companies have access to common parts of the tenement for the purpose of maintenance, repair and installation work. Utility companies already have access rights under other legislation. The Electricity Act 1989, sections 17 and 19 of the Tenements (Scotland) Act 2004 and secondary legislation that was made in relation to the 2004 act already provide the framework for access to areas of tenements for maintenance purposes, including access for gas and heating utility companies to install services. Accordingly, I do not believe that the amendment is necessary, and I ask Mr Johnson not to move it.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
Daniel Johnson’s amendment raises an important point about improvements, which Mark Griffin has detailed. The work that I have undertaken to prepare for this meeting suggests that we are in a good place in that regard, but, if Daniel Johnson believes that there are remaining concerns, I am happy to look at that before stage 3 and to speak to him and providers in that area to see whether those concerns are shared.
Work is on-going with the Scottish Law Commission to consider potential reforms to the law on tenement management schemes in the 2004 act, and that work, which will report in spring 2026, might assist with some of those areas. However, if Mr Griffin and Mr Johnson are still concerned about the issue, we are happy to come back to the points that they have raised, whether in relation to superfast broadband or to other areas, because it is exceptionally important that we look at those aspects. I am happy to take the matter away and seek further reassurance.
Although I recognise the intent behind amendment 516, in the name of Meghan Gallacher, to make all new dwellings safer, I cannot support an amendment that seeks to change subordinate legislation without consultation. The Building (Scotland) Regulations 2004, which prevent the installation of combustible external wall cladding systems on relevant buildings, were confirmed in 2022, following consultation the previous year. A formal review process would be needed to support a change in the scope of those regulations, and evidence to support such a change would be essential. The safety case for change and the economic and social impacts require to be understood, quantified and consulted on before an informed decision can be made.
Many will be aware that, as part of our response to the Grenfell tower inquiry phase 2 report, we have committed to a further broad review of standards, and a call for evidence on our current fire safety provisions will be launched this autumn. That will provide an opportunity for the issues that have been raised in Meghan Gallacher’s amendments to be considered and for relevant evidence to be gathered. The call for evidence will support us in identifying and prioritising improvements to our fire safety standards, and I believe that that is the correct way of moving forward with the issues that Ms Gallacher has raised in her amendment. Accordingly, I cannot support the amendment today, but I hope that the on-going consultation will assist with the process.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
I will briefly summarise. The Scottish Government is absolutely determined to bring forward Awaab’s law in the social rented sector and the private rented sector. The ways of doing it are different for those two sectors because of the legislation, but the end point for them is absolutely the same. I am happy to work with Mr Simpson on that in the run-up to stage 3.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
I will reflect on that exact point imminently, Mr Simpson.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
I hope that Meghan Gallacher will be reassured that, although it is not a housing issue, there has been a recent consultation on extending the current provisions on combustible cladding to hotels and similar premises. The consultation closed on 7 March and the responses to it are currently being analysed, and the outcomes will be confirmed in the autumn. I hope that that picks up the point outwith housing, which is being looked at in that consultation. I am sure that relevant ministers will keep Ms Gallacher informed of that consultation and the Government’s response in due course.
Local Government, Housing and Planning Committee [Draft]
Meeting date: 20 May 2025
Shirley-Anne Somerville
Without putting further pressure on the work on repairing standards that we are about to do over the summer, an important outcome of that work will be clarity on whether changes are required in primary or secondary legislation or whether, as we have spoken about, things can be done using non-legislative measures such as improving people’s knowledge of their rights. We need to think about what it is more important and useful to have in secondary legislation, which, as Maggie Chapman knows, is much easier to change—to add to or to take away from—over time, as circumstances, events and requirements change depending on what happens. That is why, for such aspects, I would suggest that secondary legislation is a more appropriate mechanism.
Alongside that, our current consultation includes consideration of the information that landlords should be required to give to tenants in situations where the property is exempt from rent control or where an increase above the level of the rent cap is permitted.
I therefore urge Maggie Chapman not to press her amendments. I would be happy to work with her, ahead of stage 3, to ensure that the concerns that she has raised about how we can use the existing powers to maximum effect, to ensure that tenants are given relevant information and are aware of their rights, are addressed.
Amendment 274, in the name of Maggie Chapman, would require a social landlord to provide information to a tenant about their ability to join a tenants union before they sign their tenancy agreement. I understand Maggie Chapman’s wish to have the amendment supported across the private and social rented sectors. However, in legislative terms, the two sectors are very different in that social housing tenants have, since 2001, had a statutory right to tenant participation with their landlord. That was further strengthened by the introduction of the Scottish social housing charter, in 2012. Accordingly, I cannot support amendments 273 and 274, as what they propose is already provided for in statute and in guidance.
I urge members to support amendments 354 to 361 and, if they are moved, not to support the amendments in the names of Mark Griffin, Daniel Johnson and Maggie Chapman, for the reasons that I have set out.
I move amendment 354.