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

Conclusion

As set out above, individuals with some protected characteristics are more likely to live in the rented sector and are also more likely to be impacted by the current cost of living crisis and therefore we consider that this will have a positive impact for these equalities groups. In particular, these measures will support women, young people, single parents, ethnic minorities and older or disabled people who may already be living in poverty, and struggling to meet their housing costs.

We acknowledge that some individuals who are landlords may also need particular protections and for this reason appropriate safeguards have been considered as part of the Bill development process and provided for within the Bill.

Whilst the emergency measures will offer greater protections to those in the rented sectors to mitigate some of the impacts of the current cost crisis, tenants whose case proceeds under current arrangements will still have considerable protections, including those specifically for tenants in the PRS which were strengthened through the Coronavirus (Recovery and Reform) (Scotland) Act 2022 earlier this year. These protections include the requirement for landlords to undertake pre-action protocols before seeking an eviction and the fact that all eviction grounds are now discretionary. This means that the circumstances of the tenant and landlord must be taken into account by the Tribunal/Court when determining whether to grant an eviction order or decree. In terms of rent notices’ issued prior to 6 September the following protections were already in place: in the PRS tenants must be given 3 months’ notice of a rent increase and the rent cannot be raised more than once in 12 months and; in the social rented sector tenants are consulted prior to any rent rise.

As this is emergency legislation, it is intended that a three-monthly reporting requirement will be included in the legislation, to demonstrate the need for provisions to either continue or expire, where appropriate and based on evidence at the relevant time.

Signed by: Catriona MacKean, Deputy Director, Better Homes

Date: 2^nd October 2022