Chamber and committees

I listened to the flawed logic of the cabinet secretary. What she is saying also applies to the social rented sector. In other words, it is this SNP-Green Government that is trashing the social rented sector in Scotland.

Amendment 39 relates to landlords having the right to decant or evict tenants in the case of essential work and demolition, which has not been discussed. Essential work, such as the removal of asbestos, can be dangerous to occupants. Therefore, landlords should be able to decant tenants from properties that are undergoing essential maintenance. Furthermore, landlords should also be able to evict tenants when buildings have to be demolished. Demolition could occur because a property is too old and unsafe for occupants. Therefore, we propose the amendment to keep tenants safe as well.

My second amendment in the group, amendment 43, relates to landlords having the right to evict unlawful occupants. An unlawful occupier is a person who lives in a property without the consent of the home owner. They could include people who were not initially agreed on when the lease was signed. Therefore, landlords should have the right to evict them. A landlord is unable to charge those occupants rent, as they are not the tenant so, if the landlord is unable to evict due to the moratorium, it would represent a significant financial loss. That ground is already used commonly to evict tenants who have ended their tenancy but not notified the landlord and not moved out.

I hope that the Government considers those amendments workable.

In the light of the minister’s commitment with regard to stage 3, I will not move the amendment.

Amendments 26 and 27 not moved.

Amendment 28 moved—[Murdo Fraser].

I heard what the minister said, but the Government is now proposing a review at 31 March, and I am not sure whether he said that the potential additional work that the tribunals system will face if that is extended beyond 31 March would be financially supported. Would that be done at a six-month review or for the next financial year if the Government gives resources from April?

I understand that, but my concern is that—given the additional work that the tribunals system could face and the fact that it already has an eight to nine-month waiting time and backlog—that will not help the system if it is not in a good place financially. I intent to press the amendment, and I hope that ministers will take on board the need to ensure that the tribunals system works—otherwise it will collapse.

Before we reach Mr Cole-Hamilton’s crowning glory, I wanted to introduce an opportunity for the Parliament to consider the unintended consequences of the bill. Jamie Greene’s amendment 81 was an incredibly important attempt to provide real-world data on the impact that the bill will have. The sector is talking about the unintended consequences of the bill.

We want the Scottish Government to provide the information requested as soon as possible, as well. Therefore, my amendments look towards a draft of the proposed regulations being provided before the end of the year. That would enable us to consider the impact of the bill and the data that ministers will use to take decisions on extending the bill, on increasing the cap further than 31 March and on when the emergency powers will end. We believe that a draft of the plans that ministers will develop around those decisions should be published before the end of the year, and we ask for that to take place so that Parliament can properly scrutinise future plans and the data that ministers will use in taking decisions to then increase people’s rent in the coming parts of this bill.

I hope that members will look to how that will provide Parliament with far more scrutiny of the regulations.

I move amendment 96.

I have heard what the minister has said, but I would say that, based on our work, the Local Government, Housing and Planning Committee is concerned about the total lack of data around the measures and the need for us to develop that.

Having listened to the minister, I am happy to withdraw my amendment 96 and to not move amendment 99. However, I hope that the minister has understood the view across Parliament, which is that we need to see that the future decision on this issue is taken on the basis of real-world data. That is important with regard to any unintended consequences, and it is important that Parliament does not take decisions without that data being provided across the parties.

Amendment 96, by agreement, withdrawn.

Amendments 97 to 100 not moved.

Schedule 3 agreed to.

Section 10 agreed to.

Before section 11

Does the cabinet secretary recognise that people in the sector are now rewriting 10-year business plans and cancelling affordable homes projects, which we all want to be delivered?

So there will be no loss.

Amendment 93 aims to provide additional resources for tribunals. We are concerned that the bill’s impact could be significant. We already know that the First-tier Tribunal faces an eight to nine-month waiting time and backlog of work, so we call on ministers to provide financial resources and assistance to the tribunals, including grants, loans, guarantees and indemnities, over and above the current financial year settlement, should there be a significant increase in cases coming forward. I hope that ministers will consider that as an important part of making sure that the system works for landlords and tenants.

I move amendment 93.