The Bill makes changes to the law by:
This is a Government bill
The Bill became an Act on 27 October 2022
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill temporarily changes the law to restrict landlords from increasing the amount of rent they can charge on residential tenancies. This change would also apply to student residential accommodation. There are exceptions for landlords experiencing increased property costs, such as mortgage interest or service charges in relation to their leased property.
Additionally, the Bill places certain restrictions on evictions from residential tenancies. There are exemptions for landlords, including where a landlord is experiencing financial hardship.
Most of the changes in the Bill will expire at the end of 31 March 2023 unless the Scottish Ministers extend them by regulations. They can be extended to 30 September 2023 and then again to 31 March 2024.
The Scottish Ministers are also required to report on the changes about every three months.
The Bill also allows the Scottish Ministers to make regulations about matters a rent officer or a First-Tier Tribunal must consider in determining rent. This change is set to end on 31 March 2024 unless the Scottish Ministers uses regulations to extend it. There is no limit to the number of times it can be extended but can only be extended for a up to a year at a time.
Cost of Living (Tenant Protection) (Scotland) Bill as introduced (2MB, pdf) posted 03 October 2022
Explanatory Notes (182KB, pdf) posted 03 October 2022
Policy Memorandum (280KB, pdf) posted 03 October 2022
Financial Memorandum (184KB, pdf) posted 03 October 2022
Delegated Powers Memorandum (202KB, pdf) posted 03 October 2022
Statements on legislative competence (109KB, pdf) posted 03 October 2022
Explanatory Notes (245KB, pdf) posted 03 October 2022
Policy Memorandum (271KB, pdf) posted 03 October 2022
Financial Memorandum (176KB, pdf) posted 03 October 2022
Delegated Powers Memorandum (269KB, pdf) posted 03 October 2022
Statements on legislative competence (160KB, pdf) posted 03 October 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.
Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Bill was introduced on 3 October 2022
The Parliament agreed that the Cost of Living (Tenant Protection) Scotland Bill should be treated as an Emergency Bill at the meeting of the Parliament on 4 October 2022.
An Emergency Bill is a Government Bill that needs to be enacted more quickly than the normal timetable allows.
An Emergency Bill must be introduced as a Government Bill first and then the Parliament must agree to treat it as an Emergency Bill. Stages 1 to 3 of an Emergency Bill are all taken on the same day unless the Parliament agrees to an alternative timescale.
At Stage 1, the Bill is referred immediately to the Parliament to consider the general principles. There is no committee consideration and report on the general principles.
A Stage 1 debate took place on 4 October 2022 to consider and decide on the general principles of the Bill.
Result 88 for, 29 against, 0 abstained, 12 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 4 October 2022
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 5 October 2022.
Marshalled List of Amendments for Stage 2 (761KB, pdf) posted 05 October 2022
Groupings of Amendments for Stage 2 (213KB, pdf) posted 05 October 2022
During a Committee of the Whole Parliament, MSPs meet in the Chamber but operate under committee procedure, and with the Presiding Officer acting as convener.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Cost of Living (Tenant Protection) (Scotland) Bill as amended at Stage 2 (2MB, pdf) posted 05 October 2022
The Bill ended Stage 2 on 5 October 2022
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 6 October 2022.
Marshalled List of Amendments for Stage 3 (246KB, pdf) posted 06 October 2022
Groupings of Amendments for Stage 3 (273KB, pdf) posted 06 October 2022
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Cost of Living (Tenant Protection) (Scotland) Bill as passed (2MB, pdf) posted 06 October 2022
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 89 for, 27 against, 0 abstained, 13 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 6 October 2022
The Bill was passed on 6 October 2022 and became an Act on 27 October 2022.