What is included in Scotland's Housing Bill? Rent controls, eviction protections, second homes

Over the next two days, more than 400 amendments to the Housing (Scotland) Bill will be debated in the Scottish Parliament.

This Bill was originally published by the Scottish Government in March last year after several councils declared housing emergencies. Social Justice Secretary Shirley-Anne Somerville then declared a national housing emergency a few months later.

Over 700 amendments have already been debated at stage two of this Bill - The Scotsman takes a look at some of the highlights to look out for.

Rent controls

Temporary rent controls were put in place during the coronavirus pandemic, but they expired in April. Now long-term rent controls could be put into place, capping rent increases at the rate of inflation plus 1 per cent.

Housing Secretary Màiri McAllan announced earlier this year that mid-market rent and build-to-let homes would be exempt from this cap over fears it could suppress housebuilding.

Other proposals include not allowing rent to be increased on private rented properties if the property does not meet minimum housing standards, and there are calls for a separate look at rent controls for students.

There are, however, proposals for some exemptions, including if work is needed to remove dangerous cladding or reinforced Autoclaved Aerated Concrete [RAAC]. Other amendments call for properties exempt from these controls within a rent control area to have this clearly advertised to prospective tenants.

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Homelessness prevention

Earlier this month new figures revealed homelessness had hit a 14-year high. The Bill proposes imposing duties on public authorities, including councils, the police and the NHS, to ensure people do not become homeless by asking them about their housing circumstances when they interact with them.

The legislation would also require councils to act six months before homelessness is imminent, rather than the existing two months, and create a homelessness register.

There are also calls to create separate homelessness prevention strategies for Gypsy Travellers and the LGBT+ community, and extra protections for those whose home was tied to their employment and they lose their jobs.

There is also an amendment to have a legal duty to end rough sleeping by the end of 2029.

Evictions

There are calls to make the notice period for evictions 16 weeks, and for there to be a ban on evictions within the first 12 months of a tenancy and winter evictions (November 1 to March 31).

There would be some exemptions to this, for example if there is criminal or anti-social behaviour involved. In this case, tenants would be given two months to leave the property. Councils would also be allowed to keep a register of anti-social tenants.

Landlords would also be allowed to evict their tenants if they themselves plan to live in the property to alleviate financial hardship.

Domestic abuse protections

This Bill would call on the Government to update the definition of domestic abuse in housing legislation, and force social landlords to come up with a policy to support tenants who are at risk of homelessness because of domestic abuse.

It would also allow joint tenancies to be ended without giving notice to other tenants and only one week’s notice to the landlord if domestic abuse is a factor. Ministers would also have to review the impact of joint liability for council tax arrears on domestic abuse survivors.

Awaab’s Law

Named after two-year-old Awaab Ishak who died from mould exposure in Rochdale in 2020, the law would give ministers the power to impose repair deadlines on landlords.

It is hoped this would make it easier for social housing tenants to have damp and mould in their homes fixed. The change is due to come into effect in England and Wales next month.

Other provisions in the Bill would allow tenants to apply to their local authority to purchase their let property if it is of poor quality.

Regulations for landlords

Landlords could be fined for wrongfully ending a private tenancy under the proposals or for charging illegal rent increases.

Other amendments include giving councils the power to force the owners of derelict property or land to sell or rent them for housing, and freezing rents on properties that do not meet minimum energy efficiency and other standards.

Council tax

There are two Green amendments on council tax, including ending property tax breaks for King Charles III and “other wealthy elites”. The party is also calling on the cap on council tax for second and empty homes to be removed to help first-time buyers.

Young people

The bill includes calls for a scheme to be set up to allow public bodies to act as a guarantor for tenants under the age of 26 or those who are estranged from their family.

Allowing pets in rented accommodation

The Bill proposes that landlords cannot refuse unreasonable requests for pets in rented accommodation. It would also allow the right to keep pets in homeless accommodation.