Cost of Living (Tenant Protection) (Scotland) Bill: children's rights and wellbeing impact assessment

4. If a negative impact is assessed for any area of rights or any group of children and young people, can you explain why this is necessary and proportionate? What options have you considered to modify the proposal, or mitigate the impact?

No negative direct impacts have been identified on groups of children and young people in the private rented sector (PRS) and the social rented sector (SRS). However, if there is a change in investor behaviour in both the PRS or PBSA sectors as a result of these changes and the sectors contract or investor confidence is undermined, there may be more limited supply of homes, particularly for young people and students who have to compete with others to secure accommodation when they may not have a secure income or references, putting them at a disadvantage exacerbated by limited supply. Given the time limited nature of the interventions and safeguards being developed for landlords, it is our view that the risk of immediate market change is low. This risk will need to be monitored depending on the duration of that freeze and its impact on PRS, SRS and PBSA stock.

To reduce the risks to landlords (and supply) and in recognition that the impacts of the cost crisis may also be felt by landlords, and the legislation needs to strike a balance between supporting tenants and reducing the impact of the measures on landlords, a range of appropriate safeguards have been considered as part of the Bill development process. These safeguards will offer protection against tenants (including young people) accumulating unsustainable debts, recognise the costs associated with offering a property for rent and ensure there is a continued clear legal disincentive to tenants from choosing not to pay their rent when they can afford to do so. Further details of these safeguards are set out in the Business Regulatory Impact Assessment.

The Scottish Government is satisfied that the measures contained in the Bill are appropriate and proportionate and will support young people by stabilising housing costs for them and their families.

In addition, specific safeguards are included in the Bill for landlords including provision allowing enforcement of eviction in certain circumstances (including in the PBSA due to criminal or anti-social behaviour). This is also an important safeguard for children to ensure their homes are safe and not blighted by such behaviours.