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Housing (Scotland) Bill

The Bill makes changes in the law in relation to housing.

These changes cover protections for tenants, preventing homelessness, and other housing matters.

This is a Government bill

The Bill was introduced on 26 March 2024 and is at Stage 1

Introduced: the Bill and its documents

Overview

The Bill has six main Parts.

Part 1 relates to the rent paid by tenants under private residential tenancies. It includes:

  • duties on local authorities to assess rent conditions in their area, at least once every 5 years
  • powers for Scottish Ministers to introduce rent control areas and place limits on rent increases
  • restrictions on rent increases at the start of a tenancy in rent control areas
  • limits on how often rent can increase during a tenancy both in and outside rent control areas.

Part 2 places duties on the First-tier Tribunal for Scotland and the courts. This includes considering delays to carrying out an eviction order for private and social housing tenants. It also changes how damages for unlawful eviction are calculated.

Part 3 introduces new rights:

  • for private and social housing tenants to request to keep a pet
  • for private housing tenants to make changes to the property they are renting.

Part 4 makes changes to other matters affecting tenants, including:

  • allowing unclaimed deposits to be paid to the Scottish Ministers or into another fund so that they can be used to provide support to private tenants across Scotland
  • allowing a single joint tenant to end a joint tenancy
  • giving Scottish Ministers the power to convert assured tenancies into private residential tenancies.

Part 5 of the Bill relates to homelessness prevention. Changes include:

  • making relevant bodies, such as health boards or the police, ask if an individual is homeless or at risk of homelessness, and making them take action if they are
  • making local authorities act sooner to prevent homelessness by taking reasonable steps
  • making social landlords put in place support for tenants if they are overdue on rent due to domestic abuse
  • making social landlords have a policy which sets out how they will support tenants who are at risk of homelessness due to domestic abuse.

Part 6 deals with other housing matters including:

  • changing the way mobile home pitch fees are calculated so increases follow the Consumer Prices Index (CPI) rather than the Retail Prices Index (RPI)
  • changing the reporting and consultation requirements in the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 and removing some limits on the operating costs of the Scottish Fuel Poverty Advisory Panel
  • allowing the Scottish Public Services Ombudsman (who investigates, reports on and helps settle complaints) to share information with the new homes ombudsman for the UK.

Why the Bill was created

The Scottish Government introduced the Bill to deliver its rented sector strategy, A New Deal for Tenants, and some policy ideas for housing as set out in Housing to 2040, while also seeking to deliver on an ambition to end homelessness.

Bill as Introduced

Housing (Scotland) Bill as introduced (4MB, pdf) posted 26 March 2024

Accompanying Documents

Explanatory Notes (278KB, pdf) posted 26 March 2024

Policy Memorandum (502KB, pdf) posted 26 March 2024

Financial Memorandum (842KB, pdf) posted 26 March 2024

Delegated Powers Memorandum (306KB, pdf) posted 26 March 2024

Statements on legislative competence (132KB, pdf) posted 26 March 2024

Accompanying Documents (print versions)

Explanatory Notes (371KB, pdf) posted 26 March 2024

Policy Memorandum (674KB, pdf) posted 26 March 2024

Financial Memorandum (877KB, pdf) posted 26 March 2024

Delegated Powers Memorandum (375KB, pdf) posted 26 March 2024

Statements on legislative competence (160KB, pdf) posted 26 March 2024

Crown Consent

This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Housing (Scotland) Bill

The Bill was introduced on 26 March 2024

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

On 24 April 2024, Parliament agreed motion S6M-12949, that consideration of the Housing (Scotland) Bill at Stage 1 be completed by 29 November 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Local Government, Housing and Planning Committee.

Call for views (closed)

The Committee asked for written views on the Bill from organisations and individuals, to help it think about ways that could improve the proposed law, and if the draft Bill should be passed into law by the whole Parliament.

Read the call for views

The Scottish Parliament Information Centre (SPICe) has produced a summary of written submissions.

Read the summary of written submissions (251KB, pdf) posted 06 June 2024

The call for views closed on 17 May 2024.

Meetings

Other ways the committee heard views and experiences.

In order to inform its consideration of the Housing (Scotland) Bill, the Committee established two lived experience panels. One was made up of tenants in the private rental sector and the other of landlords in the private rental sector. Over the course of a series of meetings the panels agreed on recommendations to inform the Committee's scrutiny of the Bill. Panel members shared these recommendations with committee members and they will be drawn upon by members as they scrutinise the Bill. The agreed recommendations of both groups can be accessed via the links below.

Tenants in the private rental sector recommendations (177KB, pdf) posted 29 August 2024

Landlords in the private rental sector recommendations (163KB, pdf) posted 29 August 2024

Correspondence: lead committee

Housing (Scotland) Bill

A submission from the Scottish Association of Landlords, 20 June 2024

Housing (Scotland) Bill letter to the Minister for Housing

A letter to the Minister for Housing, 19 June 2024

Housing (Scotland) Bill

Letter from Dowbrae, supplementary evidence following evidence session, 18 June 2024

Unclaimed tenancy deposits

A letter from the Minister for Housing, 14 June

Housing (Scotland) Bill and Rent Control

A submission from Kenneth Gibb and Alex Marsh, 29 May 2024

See a full list of Stage 1 correspondence for this committee

Stage 1 report by the lead committee

The lead committee will publish its Stage 1 report before the debate on the general principles of the Bill.

Work by other committees

Social Justice and Social Security Committee

Meetings

Engagement

Lived experience engagement – facilitated by Crisis on 10 June 2024 (92KB, pdf) posted 25 June 2024

Report

The Social Justice and Social Security Committee published its report on Part 5 (homelessness prevention) and Part 6 (other housing matters -fuel poverty) of the Bill on 20 September 2024.

Read the report

Social Justice and Social Security Committee Correspondence

Housing (Scotland) Bill - Homelessness Prevention Measures

Letter from the Minister for Housing providing a supplementary update on my engagement with stakeholders over the summer period

Minister for Housing - Housing (Scotland) Bill

Letter from the Minister for Housing providing further evidence on the Housing (Scotland) Bill, 24 June 2024

Professor Suzanne Fitzpatrick - Housing (Scotland) Bill

Written submission by Professor Suzanne Fitzpatrick as a follow up to the evidence session on 13 June 2024

Homelessness Challenges - City of Edinburgh Council

Briefing note from the City of Edinburgh Council


Finance and Public Administration Committee

Finance and Public Administration Committee Correspondence

Housing (Scotland) Bill Financial Memorandum - Letter of 7 October 2024

Letter from the Convener to the Convener of the Local Government, Housing and Planning Committee of 7 October 2024

Housing (Scotland) Bill Financial Memorandum - Letter of 25 June 2024

Letter from the Convener to the Minister for Housing of 25 June 2024


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 4 September 2024.

Read the report

Delegated Powers and Law Reform Committee Correspondence

Housing (Scotland) Bill response from the Scottish Government

Letter from the Cabinet Secretary for Social Justice to the Convener, 18 June 2024

Housing (Scotland) Bill

Letter from the Convener to the Cabinet Secretary for Social Justice, 6 June 2024