Chamber and committees

I will not move the amendment. I hope that I can discuss the matter with the Scottish Government.

Amendment 108 not moved.

Section 37 agreed to.

After section 37

Amendments 64 and 65 moved—[John Swinney]—and agreed to.

Thank you, convener. Having not been to the committee before, I do want to make a declaration of my interests, which have already, of course, been declared to the Parliament.

My farming business includes six rental properties. The rental income from those properties is critical to the security of the core agricultural business. I also remind the committee that I am a qualified rural surveyor with more than 20 years of professional experience, including the letting of properties for clients who are on holiday, and short and long-term lets. That experience has allowed me to develop a good understanding of the three housing acts that will be amended by the bill. I am not practising in the surveyors market at the moment, and have not done since I was elected.

I understand your points about amendments 107 and 108. Regarding your other points, it is critical that the First-tier Tribunal is correctly resourced. Given that you support keeping the act as it is, can you give some indication of the additional resources that will be made available to the First-tier Tribunal? For how long would it be reasonable for tribunals to wait before hearing a case?

At the risk of “interfering”—I do not know whether that was directed at me, Mr Swinney, but I am trying to help—I am prepared to not move amendments 84 to 106 to allow us to move on. I am also prepared to not move amendments 107 and 108 in the hope that the Scottish Government will be prepared to discuss with me how to resource the First-tier Tribunal to ensure that delays are reduced. There has been no undertaking from the Government; I just hope that it will discuss that with me.

I am prepared to not move any of the remaining amendments in my name in this section.

You gave me sufficient time at the beginning to make my case. I have listened to what the Deputy First Minister has said. Before stage 3, I would like to explore with him and with the Scottish Government how we can resolve any perceived backlogs that are realistically felt to be affecting the First-tier Tribunal. By looking at that issue, we might be able to give some confidence if the changes are to go ahead.

I fear that Mr Fraser is right about unintended consequences. I think that churches, for a whole heap of reasons, would rather not risk going through a tribunal and would think that it would be easier to let premises lie empty. I think that that goes for many landlords who wish to house their employees.

I press amendment 70. I am sure that we can look at each amendment in turn.

I would move amendment 71, but I might be able to help you. I do not know whether this is impertinent, but I think that the voting might continue in a certain way. Therefore, I would be happy to move amendments 71 to 82 and 146 en bloc, if that suits the committee and you, convener. I do not wish to pre-empt your position, but I am trying to save you some time.

I am very happy to move amendments 71 to 81 en bloc.

I do not want to move amendments 84 to 108.

I will not move the amendment. I hope that I can discuss the matter further with the Scottish Government.

Amendment 107 not moved.

Section 36 agreed to.

Section 37—Assured tenancies: pre-action protocol

I have lodged amendment 111 to give a time limit to the proposed changes to the mandatory and discretionary eviction grounds under sections 33 to 35 of the bill, which will amend the housing legislation that we have been discussing. The amendment would require the Government to introduce its new housing bill by 31 July 2024, thereby allowing it to respond to the effects that the changes that it is bringing in will have on the lettings market.

I know that the Government will find it hard to accept putting a time limit on that, but it is suggesting a fundamental and retrospective change to existing law. To my mind, it is doing so without full consultation, without really speaking to all those whom it should speak to and without listening to people on both sides—that is, landlords and tenants—in relation to the changes.

I am sure that the way in which committee members will vote on the amendment will be driven by their wish to make good and watertight law. Therefore, to my mind, a sunset clause should find their favour. After all, that would ensure that a proportionate response to the pandemic is not allowed to be carried forward beyond the pandemic.

Before I finish, I highlight that Mark Griffin’s amendment 110 has merit. I would go further than it proposes—I would like it to be amended to include a note of all types of tenanted properties over the period. The Government will say that it is not possible to collect that information but, of course, it is possible—you need only speak to councils, which must have a register of landlords and their properties. You can easily find out how that changes on a yearly basis. As Mr Swinney will know, landlords pay a fee to councils to be on that register. Therefore, checking and keeping on top of that should be simple. We would then be able to see the effect of the changes.