Housing (Scotland) Act 1988 - converting tenancies: equality impact assessment

The Scope of the EQIA

The EQIA considers the possible impacts of the proposal to convert older tenancies against the protected characteristics: age; disability; sex (including pregnancy and maternity); gender reassignment; sexual orientation; race; and religion or belief.

Potential impacts have been considered in the context of the public sector equality duty, which requires public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people, when carrying out their activities.

The proposals were assessed and evidence was gathered from published data, anecdotal evidence at working groups, stakeholder meetings and responses to the Landlord and tenant engagement questionnaire on rented sector reform.

While there are sources of data on the composition and characteristics of tenants within the PRS in Scotland, similar information on landlords is not routinely collected. There is no comprehensive information available concerning the number of remaining tenancies under the 1988 Act. Since 2017 it has not been possible to grant a new tenancy under the 1988 Act in most cases. The number of tenancies under the 1988 Act has therefore been decreasing over time, and it may be inferred that this pattern will likely continue going forwards.

Despite a lack of statistical information, we have used the EQIA to consider how the proposals impact on both landlords and tenants with protected characteristics within the PRS, and this is considered to be neutral.