Local Government and Communities Committee

Meeting date: Wednesday, November 1, 2017

Official Report 664KB pdf

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Subordinate Legislation

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Private Housing Tenancies (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 (Draft)

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Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017 (Draft)

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Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 (Draft)

Under item 2, the committee will take evidence on three Scottish statutory instruments that provide regulations for the Private Housing Tenancies (Scotland) Act 2016.

I welcome back Kevin Stewart, Minister for Local Government and Housing—thank you for staying with us, minister. I also welcome from the Scottish Government Linda Leslie, who is the private rented sector team leader, and Kirsten Simonnet-Lefevre, who is a principal legal officer.

The instruments are laid under affirmative procedure, which means that the Parliament must approve them before the provisions can come into force. Following this evidence-taking session, the committee will be invited at the next agenda items to consider motions to approve each instrument in turn.

I invite the minister to make an opening statement.

I am pleased to be here to present three affirmative instruments that support the introduction of the new private residential tenancy. The “UK Housing Review 2017”, which was published by the Chartered Institute of Housing, acknowledges Scotland’s flagship housing policy. The report says:

“The Private Housing (Tenancies) (Scotland) Act 2016 marks the most significant reform of private renting in more than a quarter of a century ... New PRS tenancies will be open-ended and significantly more secure through the virtual ending of ‘no fault’ evictions”.

In line with the core principles of the act, our new tenancies will improve security, stability and predictability for tenants, and provide appropriate safeguards for landlords, lenders and investors.

I will touch briefly on the content of each instrument that is before the committee. First, in the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017, we prescribe the statutory terms that must apply to all new private residential tenancies. The terms in the schedule cover matters such as “rent receipts”, “rent increases”, “notification about other residents”, “subletting” and “access for repairs”. All those terms mirror those contained in schedule 2 to the 2016 act and have therefore been previously approved by the Scottish Parliament, except for paragraph 9 of the schedule, which is an addition. That paragraph, which covers termination, makes it clear that a

“tenancy may not be brought to an end except ... in accordance with Part 5 of the Act.”

Secondly, in the Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017, we prescribe the information that a landlord must give to a tenant at the beginning of a new private residential tenancy.

Where a landlord chooses to use the model private residential tenancy agreement, a tenant must be provided with accompanying easy-read notes. If the written terms of the tenancy are drafted by the landlord, the landlord must supply alternative accessible notes called “private residential tenancy statutory terms supporting notes”.

Thirdly, the Private Housing Tenancies (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 is a routine, technical instrument, which amends various primary and secondary legislation in consequence of the 2016 act.

That is a brief overview of the regulations. I am happy to answer any questions that the committee may have.

Thank you very much—I appreciate that. Do members have any questions?

Citizens Advice Scotland has expressed concern about the process for serving notices. Some people might miss notices that are served electronically, which could have consequences.

I pass that over to Linda Leslie to respond to.

Good morning. We consulted on serving notices electronically and a number of responses highlighted the same concerns. The 2016 act permits tenants and landlords to communicate electronically, but we have made it very clear in the model tenancy agreement and the easy-read notes that that is something that they must agree to do. We have also spelled out in the easy-read notes that tenants, in considering whether they want to do that, should be thoughtful about whether they want important information, such as changes to their terms of tenancy, to be served electronically rather than in writing.

It remains possible for landlords and tenants to use written communication. The model tenancy agreement provides a specific clause that makes the landlord and tenant consider how they want to communicate. There is nothing that forces tenants to agree to electronic communication.

Should a tenant agree to such an approach, a concern is that, were a single email to be missed, that might result in a tribunal notice to evict someone being missed. There are inherent dangers to agreeing to that approach, even if the tenant thinks that they can work in that way. However, I accept what you have said.

I hope that what Linda Leslie has said give Ms Smith some comfort. If the committee requires any further information in that regard, we will pass it on. As always, we will continue to keep an eye on these matters after implementation.

As there are no further questions, we move to item 3, under which the committee will formally consider motion S5M-08087.

Motion moved,

That the Local Government and Communities Committee recommends that the Private Housing Tenancies (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 [draft] be approved.—[Kevin Stewart]

Motion agreed to.

The committee will report on the outcome of the instrument shortly.

Under item 4, the committee will formally consider motion S5M-07895.

Motion moved,

That the Local Government and Communities Committee recommends that the Private Residential Tenancies (Information for Tenants) (Scotland) Regulations [draft] be approved.—[Kevin Stewart]

Motion agreed to.

11:15  

The committee will report on the outcome of the instrument in due course.

Under item 5, the committee will formally consider motion S5M-07899.

Motion moved,

That the Local Government and Communities Committee recommends that the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 [draft] be approved.—[Kevin Stewart]

Motion agreed to.

I thank the minister and his officials for their attendance.

Thank you.

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Notice to Local Authorities (Scotland) Amendment Regulations 2017 (SSI 2017/295)

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Private Residential Tenancies (Information for Determining Rents and Fees for Copies of Information) (Scotland) Regulations 2017 (SSI 2017/296)

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Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 (SSI 2017/297)

Under item 6—we do not escape subordinate legislation just yet, members—the committee will consider Scottish statutory instruments 2017/295, 2017/296 and 2017/297. The instruments are laid under the negative procedure, which means that their provisions will come into force unless the Parliament votes on a motion to annul the instruments. No motions to annul the instruments have been laid.

As there are no comments, I invite the committee to agree that it does not wish to make any recommendations on the instruments. Is that agreed?

Members indicated agreement.

We got there in the end, committee. I suspend the meeting briefly for a comfort break.

11:17 Meeting suspended.  

11:24 On resuming—