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

Recommendations and Conclusion

Whilst recognising that the data available does not provide a complete picture of the needs of those with protected characteristics, this assessment has considered the needs of these groups as fully as possible.

The overall assessment is that converting 1988 Act tenancies should benefit any remaining tenants with tenancies under the 1988 Act, by giving them access to the protections under the 2016 Act, along with the proposed protections in the Housing Bill. It will also reduce complexity and confusion in the sector, helping landlords and tenants to be more clear about their rights and responsibilities under housing law. We do not consider that this will introduce changes that directly or indirectly discriminate against those with protected characteristics.

Converting 1988 Act tenancies may be beneficial for certain tenants that belong to groups with protected characteristics including older people and children/younger people, disabled people and women who may be more likely to rent in the private sector.

As set out above, the evidence base around equalities characteristics among private landlords in Scotland is limited, although it may provide some indicative information about the Scottish sector. However, direct evidence has not been identified that indicates that landlords with protected characteristics will experience different impacts from the proposed measures to convert 1988 Act tenancies.

The requirement on Scottish Ministers to consult further on this proposal before laying regulations will allow for a more detailed assessment of any potential impacts on tenants or landlords as a result of protected characteristics.

It is recognised that the details of any change to 1988 Act tenancies will need to be communicated in a way which takes into account the differing needs of equality groups, and ensures that helpful information is accessible to all landlords and tenants. This may be particularly necessary to support some equalities groups, such as minority ethnic tenants, who, evidence suggests may in some cases face language barriers which impact awareness of their rights, and who may also be less comfortable challenging poor practices.