Seòmar agus comataidhean

I recognise that, which is why am more than happy to work with you and Maggie Chapman on the timings for how long some of the decisions can, and should, take. I appreciate the support that a person can draw from the company of their pet, and that the costs that would be incurred by placing them in a cattery or kennels can be quite substantial, even over a short period of time. As I have set out, although there are reasons for the timings that the Government has proposed, Emma Roddick’s and Maggie Chapman’s amendments have importantly highlighted the issues and that we do not have the balance correct. I am more than happy to see what can be done before stage 3 in order to try to alleviate some of the concerns and to assist with the points that Emma Roddick has just made.

Amendment 370 in the name of Paul McLennan is a minor technical amendment correcting a previous typo, which makes no change to the effect of the provision.

Amendments 168 to 172 and amendments 180 to 182, in the name of Edward Mountain, relate to reasonable conditions for approval to keep a pet. I recognise that Mr Mountain is seeking to provide greater clarity and certainty in the bill with regard to ensuring that ministers make use of the regulation-making powers that the bill provides for and on some of the detail that they should cover. For example, that would include setting out that it would be a reasonable condition for approval for the landlord to require the tenant to have the property professionally cleaned at the end of the tenancy.

I note that, in order to make those additional rights operational, regulations will need to be introduced to set out further detail. The details of what would be considered an unreasonable refusal or reasonable conditions for approval must be developed in consultation with landlords, tenants and other relevant stakeholders. I firmly believe that that is the right approach, and that is why the bill specifically includes statutory provisions that require consultation for the exercise of the regulation-making powers under the affirmative procedure. We will include in that work the aspects that are highlighted by these amendments, and I therefore ask Mr Mountain not to move them.

Amendments 26 and 27, in the name of Maggie Chapman, would amend the bill so that the Scottish ministers “must” make use of the regulation-making powers in the bill to set out when it is reasonable for a landlord to refuse to consent to a tenant keeping a pet. I can reassure members of the committee that, although the provisions as drafted use the word “may”, making use of the regulation-making powers will be an essential part of the bill’s implementation. Effective guidance will be essential to the successful implementation of those measures, as will ensuring that landlords are provided with sufficient information to inform their decisions. I therefore ask the member not to move those amendments.

I turn to the other amendments in the group, which are in the name of Emma Roddick. Amendments 528 and 529 seek to provide greater clarity and certainty in the bill. Current provisions in the bill already mean that refusal and any consent conditions must be reasonable—which is the appropriate test—and amendment 528 is therefore not needed.

Amendment 529 includes aspects that the regulations may cover, and I do not believe that the amendment is necessary either. As I have made clear, we are committed to consulting further with landlords and tenants on the detail that should be included in regulations under the affirmative procedure, in order to support the operation of the new rights. There is already a duty in the bill in connection with that, and I can reassure members that the aspects that are covered in the amendment will also form part of that work.

On that basis, I ask Ms Roddick not to move amendments 528 and 529.

Amendments 530 and 531 relate to the refusal of a request to keep a pet by a social landlord. They would make it a condition that landlord refusal is

“necessary and proportionate”

and that there is

“clear reasoning or supporting evidence”.

A tenant who is unhappy about the landlord’s decision to refuse their request can appeal using the landlord’s complaints process, and has a further route of redress beyond that to the Scottish Public Services Ombudsman. I believe that any additional conditions for refusal are best developed, once again, through consultation and engagement with the sector and set through secondary legislation.

Amendment 533 seeks to provide that, where a social landlord fails to respond to a pet request within the period required, the landlord is “deemed to have consented”. What the member is seeking is provided for by new paragraph 8H, which is inserted into the Housing (Scotland) Act 2001 by section 30(3) of the bill. On that basis, I do not think that anything more is needed to deliver what is being sought, and I therefore ask Emma Roddick not to move the amendment.

Amendments 534 and 563 would provide for a new appeal route if a social landlord withdraws consent for a pet because the tenant has not complied with the reasonable conditions imposed. All social landlords provide their tenants with a written tenancy agreement, which sets out their tenancy obligations, including the conditions to which the tenant is required to adhere in relation to keeping pets. Any breach of tenancy conditions could result in appropriate and proportionate action being taken by the landlord, which could include, where necessary, withdrawal of consent to keep a pet.

I believe that, if any changes are required to the existing process for withdrawal of consent by social landlords, those are best developed through consultation and engagement with the sector, and set through secondary legislation, following public and parliamentary scrutiny. I therefore ask Ms Roddick not to move the amendments.

In summary, for the reasons that I have set out, I ask Emma Roddick, Maggie Chapman and Edward Mountain not to press or move their amendments in the group.

I turn to amendments 173 to 179, in the name of Edward Mountain, in relation to making changes to let property.

Amendment 173 places a statutory duty on a tenant who has made a category 1 or category 2 change to a let property to ensure that the property is returned to its original state at the end of the tenancy, unless the landlord agrees otherwise. That might discourage some tenants from making use of their right to make changes to the let property, and even perceived improvements might have to be stripped back if the landlord did not agree that they could remain, with no test of the reasonableness or proportionality of that requirement. Measures in the bill enable the Scottish ministers, following consultation, to set out through regulation a non-exhaustive list of reasonable conditions that a landlord might set, where they consent to a category 2 change, such as reinstatement at the end of a tenancy, where it was reasonable in the circumstances to do so. Where a tenant did not view that as a reasonable condition, they would have a route of redress through the tribunal.

In relation to amendments 174 to 179, I recognise that Mr Mountain is seeking to provide greater clarity and certainty in the bill as well as to ensure that ministers make use of the regulation-making powers. I reassure committee members that, although the current drafting of the provisions uses the word “may”, making use of these regulation-making powers will be an essential part of the implementation. The framework that relates to personalisation would require that detail be filled in via regulations in order to set out the pertinent definitions.

I understand that landlords and tenants will be keen to understand what it will be possible to do without consent under category 1—for example, putting up a picture—and what will fall under category 2, such as painting walls, which will need consent. However, I am clear that it is essential that the detail of the types of changes that fall into each category is best developed through consultation and engagement with the sector and set through secondary legislation. That is why the bill specifically includes statutory provisions that require consultation for the exercise of the regulation-making powers under the affirmative procedure. That will ensure that we take account of landlords’ and tenants’ views. It will also ensure further public and parliamentary scrutiny of how the powers are used.

Amendment 252, in the name of Maggie Chapman, seeks to set out some of the detail of category 1 changes that would not require the landlord’s permission. The amendment is exceptionally broad in scope and would allow for a very broad range of changes to the outside of a property without the landlord’s involvement. Although I recognise that the member has specified in the amendment that the change must be reasonable, as these would be category 1 changes, the landlord would have no ability to prevent the change, if given prior knowledge, or recourse, where they did not view the change as reasonable after it was carried out.

When providing new rights to tenants, legislation must strike the right balance with the rights of landlords. Amendment 252 would not do that, so I cannot support it. The detail of the changes that are to be included in categories 1 and 2 are best provided through the secondary legislation that I have mentioned and developed through consultation with landlords and tenants. Existing measures in the bill provide the framework for that, and that is the right way to facilitate greater rights for tenants while respecting landlords’ rights.

Amendment 262, which is also in the name of Maggie Chapman, sets out a broad range of changes that a disabled tenant or a tenant who is a guardian or carer of a disabled member of the household could make without needing permission. I am very sympathetic to the outcome that Ms Chapman is seeking to achieve and I, too, wish to see the lives of disabled tenants, guardians and carers made easier. However, as with amendment 252, this amendment would allow for a broad range of potentially very significant changes to a let property without any involvement of the landlord. Setting that out in the bill without consultation or engagement on the provisions with tenants and landlords would not enable us to ensure that we have the right balance between the respective rights.

Existing measures in the bill provide the overarching framework that is needed for us to get this right. As I indicated, further consultation is required to inform the types of changes that would fall into categories 1 and 2. The regulations will be subject to the affirmative procedure, which will ensure additional scrutiny from Parliament. That is the best way to deliver rights in the area while ensuring that they are compatible with landlords’ rights.

I therefore ask the members not to press the amendments in this group.

I thank Mr Fraser for giving me the opportunity to come back in. The case that he raises is a concern. Members who have sat through numerous groups of amendments to the bill know that we have had several discussions about the current law, but my speaking notes have never just said that the current law is there and therefore there is not a problem. The current law is there, but it is not working for the residents, which is clearly an issue in this area.

I mentioned that the Minister for Housing had written to all councils, but it is important that we seek further reassurance—both for Mr Fraser and, importantly, for the residents who have raised these issues—hear the feedback on the minister’s letter and see whether further work is being done on the matter. I recognise the concern that Murdo Fraser rightly raises, and the quote from the council shows, if it needed to be shown, that more work needs to be done.

I will not say any more about Murdo Fraser’s amendments that I spoke about earlier, but on amendment 22, I appreciate his point about the time that it might take if the issue moves forward to further consultation, further work and a new legislative vehicle. I cannot deny any of that.

On two issues, specialist work needs to be done. The Mobile Homes Act 1983 covers Gypsy Traveller sites. In particular, where those are socially provided, we will want to consider what is best to ensure that the rights of that community are upheld and strengthened as appropriate. I appreciate that Mr Fraser comes with particular cases from his constituency work, but that other aspect is important to recognise.

Furthermore, it might not be appropriate for all case types under the 1983 act to move to the tribunal. For example, cases that relate to evictions from social housing are dealt with by the courts, so we will need to consider whether the same should apply to evictions under the 1983 act.

As I said, I am very sympathetic to where Murdo Fraser is coming from, but it is a complex area of legislation, particularly because of the equalities issues and the read-across to other housing legislation. Therefore, I am still unable to support amendment 22.

Amendment 386 agreed to.

Section 46, as amended, agreed to.

Section 47 agreed to.

After section 47

Amendment 21 not moved.

Amendment 22 moved—[Murdo Fraser].

I support amendment 458 in the name of Evelyn Tweed, which creates an independent appeals process for decisions by the Scottish Housing Regulator. Although the Housing (Scotland) Act 2010 established a statutory right of appeal to the Court of Session for specific decisions of the regulator, it did not establish any wider specific statutory right of appeal against its regulatory decisions. The current non-statutory appeals process that the regulator developed therefore goes as far as the regulator can legally go. Evelyn Tweed’s amendment establishes an effective framework for the review and independent appeal of regulatory decisions, and I welcome that it has received support from the sector.

I understand the intentions behind Mark Griffin’s amendment 271, which would require the Scottish Housing Regulator to collect and publish information. However, the regulator already collects that information for all social landlords in its annual return on the charter. The regulator is required to report annually on performance against the charter and does so as part of its national report on the charter. The regulator also has on its website a facility where landlord performance can be compared and data tables that make all the information publicly accessible.

Asking social landlords to provide information to the regulator monthly and for the regulator to publish that information in addition to what it already does would be highly demanding with regard to time and resource and would impact on both social landlords and the regulator. As that information is already collected and published annually, I ask Mark Griffin not to move the amendment.

I understand Mark Griffin’s intention in amendment 272 to introduce a requirement on the Scottish Housing Regulator to publish

“guidance on the competence and conduct of individuals involved in the provision of services in connection with the management of social housing.”

However, work by the Chartered Institute for Housing in Scotland—the professional body for housing—is already under way, which demonstrates that it should be a matter for the sector itself to determine. The CIH should lead the work, with input from other sector organisations such as the Scottish Federation of Housing Associations, the Association of Local Authority Chief Housing Officers, the wider sector and, of course, the Government.

For transparency, I note that, albeit some time ago, I worked for the CIH and was a member of it for many years. I commit the Scottish Government to being an active partner in that work and therefore ask Mr Griffin not to move amendment 272.

I welcome the conversations that I have had with Paul Sweeney, particularly on community-based housing co-operatives. I spent many an enjoyable time on placement when I was training to be a housing officer at a community-based housing co-op, so I absolutely share his passion for them and their place in our housing sector. I thank him for his interest in the area.

Unfortunately, however, I cannot agree to his amendment 440. Although I understand his intentions to ensure that the views of tenants are rightly taken into account in significant decisions relating to their homes, I have reservations. The position that is set out in section 107 of the Housing (Scotland) Act 2010 is that, for a transfer to proceed, a majority of tenants should agree to it. The rationale for the suggested change is not wholly clear, although I appreciate the comments that Mr Sweeney has made about the Reidvale Housing Association.

Moving to a requirement for two thirds of tenants could be viewed as setting out a position in which the expressed wish of a majority of the tenants can be ignored. Given that there has been no consultation with the sector—either landlords or tenants—it is difficult for the Government to support such a change to what has been in place since 2012. I understand that 21 transfers out of the 22 that have been proposed since 2010 have all received well over two thirds of tenant approval. Although that could suggest that the amendment would not be problematic in practice, it could indicate that there is no real need for change as well. For those reasons, I urge Mr Sweeney not to press amendment 440.

Amendments 456 and 423, in the name of Mark Griffin, aim to amend the provisions in the bill to allow social landlords to serve rent increase notices by sending them by regular post. A social landlord is required to provide a tenant with 28 days’ notice of a rent increase and the 28-day period needs to be evidenced. If a notice does not reach the intended recipient, they could be unaware of the rent increase, which could result in a tenant being in rent arrears. Tenants would not be able to evidence any change that they had not received the rent increase notice if regular post is an acceptable service method. There needs to be certainty that the notice has been delivered to the tenant, and a tracked service provides that certainty while regular post does not.

The bill at present, which also allows for electronic or personal service, aligns the service options for the social rented sector with the private rented sector. The amendment would remove the requirement for a tracked service, which would be at odds with the protection that is provided to tenants in the private rented sector.

The bill already provides for two additional methods of delivery. The first is electronic delivery, which reflects the increased use of web-based tenancy management systems, email and paperless communications that, over time, are likely to become the default for the majority of tenants and will primarily be cost neutral for landlords; the second is a tracked postal service to point of delivery, which removes the requirement for a signature. I therefore urge Mark Griffin not to move amendments 456 and 423.

Although I understand the intention behind Mark Griffin’s amendments 457 and 457A, they would prevent a landlord from refusing consent for a mutual exchange on the basis of rent arrears when the criteria that are set out in his amendments are satisfied. Those are that

“one or more children under the age of 18”

live with the tenant, that the tenant’s current home is inadequate and that the proposed exchange home would be suitable. That would apply regardless of the total amount of rent arrears or whether the tenant was currently paying the rent arrears or keeping to a repayment plan. The only situations when a landlord could refuse consent for a mutual exchange would be when a notice of proceedings had already been served on the tenant on conduct grounds or when an eviction order had been granted against the tenant for the current tenancy.

Although Mr Griffin’s amendments would not prevent the landlord from taking steps to recover any rent arrears, those would become former tenant arrears, which are generally more difficult for social landlords to recover and often must be written off, which reduces landlord income and impacts on the service that social landlords provide to tenants and on their ability to maintain affordable rent levels.

Social landlords already have discretion to agree to a mutual exchange between their properties when there are rent arrears, if moving to a property with a lower rent would be more financially sustainable for the tenant and if a repayment plan is put in place.

I accept the points that Mr Griffin made in his remarks about those suffering from domestic violence and instances when there is domestic abuse in the home. I would be happy to have conversations with Mr Griffin in the run-up to stage 3 on aspects of those particular cases when there is a threat or there has been a history of domestic violence. However, on this occasion, I urge him not to move amendments 457 and 457A.

If Maggie Chapman will allow me to further reflect on that, I will come back to her.

Amendment 382 and consequential amendment 403 provide the necessary powers to make regulations subject to the affirmative procedure. That aims at allowing flexibility for the Scottish ministers to amend the pre-notice period, should monitoring indicate that a longer notice period is required.

Under current tenancy provisions, there is no requirement on a joint tenant to inform other joint tenants when they serve the 28-day notice period to their landlord. That means that there is the potential for other joint tenants to be unaware of the exact date on which the tenancy is due to come to an end, which could cause problems for tenants and their landlord. We think that there is a higher risk of that occurring when tenant relationships have broken down. That is the most likely reason why that new mechanism will be used, which is why we have lodged amendment 380 and consequential amendments 381 and 405.

Amendment 380 provides that, following service of the notice to leave, the departing tenant has seven days to provide a copy of the notice to the remaining tenants and a statement to the landlord saying that that has been done.

The Government amendments will provide further security that the process has been followed correctly and that all parties are fully informed of the on-going process and of the date on which the tenancy comes to an end. I therefore ask members to support the amendments in Paul McLennan’s name.

My reflection on Maggie Chapman’s question is that, in essence, the provision in amendment 378 comes down to trying to provide simplicity and clarity on the minimum and maximum periods. It is an attempt to make the position clear for both landlords and tenants.

The challenge—this explains why I am taking your amendments and Mr Simpson’s together—is that, although those amendments deal with two very important aspects of the student population, we must recognise that guarantor challenges do not apply solely to students and might apply to others. That is why I am keen to see what can be done to strengthen the existing avenues of support.

I think that it was Mr Greer who mentioned that some universities have schemes and others do not, and some local authorities do and others do not. I recognise that, and that is the challenge that we have. The push for a more national answer comes because of that patchwork approach, which is a concern to me and to other ministers.

Mr Simpson mentioned that I have talked on a number of occasions about how I want to improve the system that we have at the moment rather than add new systems. I make no apologies for that because, when we make legislation, we are always in danger of making a system more complex to attempt to solve challenges that we all know are there, rather than trying to make the existing system work better and more efficiently. We sometimes overcomplicate things and have a system that is more difficult for people to find a way through by attempting to sort things in a piecemeal way.

That is why I suggest that there is work to be done before stage 3 to see what can be achieved using the set-ups of universities, charities and local authorities. If Mr Greer or Mr Simpson do not feel that we have gone far enough in that work and if they feel that we still require an additional piece of the jigsaw to make that work, they can bring back amendments at stage 3. I believe that, between me and Graeme Dey, for example, when it comes to students, something can be done to improve the current system. That is my suggestion for a way forward for the international student situation and for estranged young people.

The core purpose of landlord registration is to ensure that those who operate as private landlords are fit and proper persons and that tenants and prospective tenants can be assured of that. Although I understand the thinking behind the amendments in this group and share the view that landlord registration is an important way of driving high standards in the private rented sector, a number of the amendments are not necessary, and many could have unintended consequences that would risk the integrity of the core purpose of registration.

Landlord registration is also a high-volume system that includes more than 200,000 landlords and 350,000 properties. Changes to how a system of that scale operates ought to be clear on the benefits that they would achieve, in order to justify the cost to Government, both national and local, and the increase in administrative burdens for landlords. I strongly believe that any significant changes to how registration systems operate should be informed by consultation with local authorities, landlords and tenants.

I appreciate that some amendments in the group may have their origins in data collection and the use of information for rent controls, as we discussed in group 8. I reiterate the commitment that I made when we discussed that group. We share the view that robust data is needed for that purpose, and I invite members who have lodged amendments in that area to join our planned engagement with local authorities over the coming months.

I turn first to Mark Griffin’s amendment 417. Information about sub-landlords is already entered in the landlord register, as they are classed as persons who act for the landlord, albeit that they are not required to register. Requiring sub-landlords to register would involve a duplication of information on the landlord register and would place an administrative burden on local authorities. In addition, the amendment does not consider the other parts of the 2004 act that would need to be considered in order to cater for sub-landlords in that way.

However, I accept the principle of ensuring that information can be sought from sub-landlords to support rent control. In that respect, Government amendments 303 and 304, which were previously agreed to by the committee, will provide a transparent and effective procedure for local authorities and the Scottish ministers to obtain information from landlords and

“any other person acting as landlord”.

I hope that that reassures Mr Griffin that information will be able to be sought from sub-landlords to support the delivery of rent control, in a proportionate way, through means other than changes to the registration system.

Meghan Gallacher mentioned—and we have previously discussed in committee—SLE’s concerns about those areas. The Minister for Housing met SLE very recently and made an offer for SLE to bring forward its proposed solution to the challenge. Ministers have said that we will look seriously at that before stage 3. Given that that work has not been done, I am not in a position to say whether we would support the solution that is put forward by SLE, but we are certainly cognisant of the issue, both from the committee’s previous discussions and the meetings that the minister has had. I reconfirm that we will work through SLE’s proposed solution before stage 3 and will inform the committee whether the Government wishes to take forward that suggestion. Of course, members will have their own views on SLE’s recommendations.

Amendment 418, which is also in the name of Mark Griffin, would add to the landlord register information about rent and size of property. I agree that information about rent and property size are critical to the operation of rent controls, but Government amendments 303, 304 and 313—all of which were previously agreed to—will allow the Scottish ministers and local authorities to seek that information, and it is not necessary to link that with the operation of the landlord register. To do so would change the purpose of landlord registration and of the register, which currently serves to assess and record whether an individual is a fit and proper person to operate as a landlord. The regime and the digital platform are designed around the person applying to be a landlord; the register is therefore neither intended nor designed to be a tool to record detailed information about each property. We ought not to shift the focus and change the purpose of the landlord register without extensive consultation with councils, landlords and tenants.

Mark Griffin’s amendment 488 would add new types of information that must be included in an application to a local authority to be entered in a register of landlords. I recognise that some of that information is useful for tenants. However, I note that a number of the proposed new data categories are already part of the existing fit-and-proper-person test and are already available to tenants and prospective tenants as part of property adverts or can be requested when a tenancy is taken up. I remain unclear on the potential benefits for tenants of the inclusion of some other categories.

As I have said, the purpose of the landlord register is to record who is a fit and proper person to operate as a landlord, and I do not believe that we should change that purpose without consultation. The register does not currently operate as a register of properties. Information is requested at portfolio level, so increasing the data requirements would not be operationally straightforward. To deliver on amendment 488 would involve a very significant change and would require changes to primary and secondary legislation, information technology systems and local authority practices.

For those reasons, I cannot support the amendments.

Amendment 454, in the name of Ross Greer, would delegate the fee-setting function for landlord registration to local authorities. Setting fees at a national level is transparent, predictable and straightforward for landlords, many of whom operate across local authority boundaries. That predictability is also important for local authorities as they manage their own resources.

As members will be aware, landlord registration is an important part of the protections for private rented sector tenants. Ensuring that the process of applying for registration is as straightforward as possible, anywhere in Scotland, is of material importance.

Amendment 408, in the name of Katy Clark, would mean that a new tenant could replace the tenant who had started the process of ending the tenancy and would compel the landlord to enter the tenancy on the same terms as the previous tenancy. Assigning the tenancy on the same terms as the departing tenant, with the landlord’s consent, is the current legal position, and the amendment would not change that. I fully understand the concerns about the impact on other joint tenants who do not wish the tenancy to come to an end, and I, too, want to limit the negative impact on other joint tenants as far as possible. The measures in the bill have been designed to help to do that.

It is very important that people in those circumstances speak to their landlord as soon as possible about their options, which include assigning the tenancy to another person or remaining in the property under a new tenancy. The pre-notice period ensures that there is time for those discussions to take place, and, if it is not possible for tenants to stay, that period enables them to access independent housing support and advice to help them to find suitable alternative accommodation.

I ask Mark Griffin not to press amendment 408 on Katy Clark’s behalf. However, I would welcome further discussions with her on the issue ahead of stage 3 to see whether more needs to be done.

Amendments 378 to 382, in Paul McLennan’s name, will support the operation of the measures in section 38, which will ensure that no joint tenant can be trapped in a tenancy against their will. Amendments 378 and 379 ensure that two months is the minimum pre-notice period and that three months is the maximum pre-notice period. That approach does not change the overall intent, but it is easier to understand than requiring that a 28-day notice to leave be served within a period of 28 days after the expiry of the two-month notice.

The pre-notice period aims to encourage tenants to consider their circumstances and, when possible, discuss their options—assigning the tenancy to another person or remaining in the property—with their landlord. If the final notice was not given within three months and the tenant still wanted to end their tenancy, they would need to start the process again from the beginning.