Cost of Living (Tenant Protection) (Scotland) Bill: equalities impact assessment

Executive summary

On 6 September 2022, the Programme for Government (PfG) committed to a suite of emergency measures in response to the cost crisis to protect tenants by freezing rents and imposing a moratorium on evictions until at least 31 March 2023.

This emergency legislation will offer protection to tenants in the private and social rented sectors, college and university halls of residence and Purpose Built Student Accommodation (PBSA) in recognition that they are likely to be particularly impacted and vulnerable to the cost crisis, and that additional steps are needed to protect them. It is not intended to impact, directly or indirectly, on any group of people with protected characteristics or on the wider equality duties. However, our assessment identified that the Bill is likely to have a direct positive impact on women, young people, single parents, ethnic minorities and on older or disabled people who may already be living in poverty, and struggling to meet their housing costs.

Households in the rented sector, especially those on lower incomes, in general pay more of their income on housing costs than owner occupiers, have higher rates of poverty including child poverty, and have less resilience to cope with financial shocks.

In response to the cost of living crisis, the UK Government has introduced a UK Energy Price Guarantee but there remains a substantial pressure on household budgets despite the mitigation package announced to date. This is anticipated to lead to a significant increase in fuel poverty, and extreme fuel poverty, with particularly high levels in the rented sector.

In addition to financial implications, there are broader impacts related to feeling secure in your home, including the effect on peoples’ health and wellbeing, the ability to maintain employment and having a stable family life.

The Scottish Government is of the view that the temporary legislative changes are likely to positively impact across those with protected characteristics, as the measures will provide support to all tenants to prevent both rent rises and evictions in certain circumstances during this period of extraordinary economic challenge.