Cost of Living (Tenant Protection) (Scotland) Act 2022 - 2nd proposed extension: statement of reasons

See Annex F, providing an update to the Business Regulator Impact Assessment and Financial Memorandum.

No material changes to findings from the impact assessment have been identified in relation to the extension of this provision.

No material changes to findings from the impact assessment have been identified in relation to the extension of this provision.

No material changes to findings from the impact assessment have been identified.

Whilst there may be some households where even the modest rent increase allowed under the 3% cap causes an increase in financial hardship, we consider that the rent cap ensures that rent increases are proportionate and therefore continue to protect households against high rent increases whilst the cost crisis is ongoing.

A 3% rent cap will mitigate against a disproportionate impact on private landlords who may also be experiencing increased costs due to the cost crisis, allowing them to maintain their properties and meet other expenses, and we consider that the amendment to the cap and to the landlord safeguards achieves this balance.

The Scottish Government is therefore satisfied that the extension and amendment of this provision does not negatively impact the rights and wellbeing of children, and will continue to support young people by stabilising housing costs for them and their families.

No material changes to findings from the impact assessment have been identified.

Extension of this provision does not negatively impact the rights and wellbeing of children; rather, by reducing the harms caused by eviction for children and their families, the Act is contributing to promoting the health of children and young people and supporting their education.

No material changes to findings from the impact assessment have been identified.

Extension of this provision does not negatively impact the rights and wellbeing of children; rather , by deterring unlawful evictions, it will reduce the harms caused by unlawful eviction for children and their families. By continuing to make it easier for those affected to challenge and unlawful eviction and seek damages, the Act is contributing to promoting the health of children and young people and supporting their education.

No material changes to findings from the impact assessment have been identified.

Whilst there may be some households where the 3% cap on rent increases causes an increase in financial hardship, we consider that the amended rent cap will ensure that rent increases are proportionate and therefore continue to protect households against high rent increases whilst the cost crisis is ongoing.

The 3% rent cap mitigates against a disproportionate impact on private landlords who may also be experiencing increased costs due to the cost crisis, allowing them to maintain their properties and meet other expenses, and we consider that the rent cap and landlord safeguards offered via the 6% Prescribed Property Costs achieves this balance.

The Scottish Government is therefore satisfied that the extension of this provision will not negatively impact across those with protected characteristics, and instead is likely to have a positive impact during this period of continuing extraordinary economic challenge.

No material changes to the findings from the impact assessment have been identified in relation to the extension of this provision.

Extension of this provision is likely to positively impact on equal opportunities and across those with protected characteristics, as this provision will continue to provide support to most tenants being evicted, while providing appropriate safeguards for landlords.

No material changes to the findings from the impact assessment have been identified in relation to the extension of this provision.

Extension of this provision is likely to positively impact on equal opportunities and across those with protected characteristics, as this provision will continue to provide support to all tenants to make it easier to challenge an unlawful eviction and to be awarded appropriate damages.

No material changes to the findings from the impact assessment have been identified in relation to the extension of this provision.

Whilst there may be some households where the 3% cap on rent increases causes an increase in financial hardship, we consider that the amended rent cap will ensure that rent increases are proportionate and therefore continue to protect households against high rent increases whilst the cost crisis is ongoing.

The 3% rent cap mitigates against a disproportionate impact on private landlords who may also be experiencing increased costs due to the cost crisis, allowing them to maintain their properties and meet other expenses, and we consider that the rent cap and landlord safeguards offered via the 6% Prescribed Property Costs achieves this balance.

It is the Scottish Government's view that the extension and amendment of this provision will continue to help address socio-economic disadvantage and reduce the inequalities that are associated with being disadvantaged.

No material changes to the findings from the impact assessment have been identified in relation to the extension of this provision.

Extension of this measure, alongside the rent cap, continues to help address socio economic disadvantage and reduce the inequalities that are associated with being disadvantaged by providing those being evicted with additional time to access support and find alternative accommodation.

No material changes to the findings from the impact assessment have been identified in relation to the extension of this provision.

Extension of this measure continues to help address socio economic disadvantage and reduce the inequalities that are associated with being disadvantaged by making it easier for tenants to challenge and unlawful eviction and to be awarded appropriate damages.

No material changes to the findings from the impact assessment have been identified in relation to the extension of this provision.

Whilst there may be some households where the 3% cap on rent increases causes an increase in financial hardship, we consider that the rent cap ensures that rent increases are proportionate and therefore continue to protect households against high rent increases whilst the cost crisis is ongoing.

The 3% rent cap mitigates against a disproportionate impact on private landlords who may also be experiencing increased costs due to the cost crisis, allowing them to maintain their properties and meet other expenses, and we consider that the rent cap and landlord safeguards offered via the 6% Prescribed Property Costs achieves this balance.

Given the available data suggests that the impacts of the cost crisis may be greater in some island communities, due to the already higher cost of living and the continued higher prevalence of fuel poverty experienced in these communities (figures in Annex G show that fuel poverty rates will remain higher in rural than in urban areas when the Ofgem energy price cap is set at £2,074 for a typical household in July 2023), we do not consider that the extension and amendment of this provision is likely to affect private landlords and tenants disproportionately in island communities compared to communities on the Scottish mainland.

No material changes to findings from the impact assessment have been identified in relation to the extension of this provision.

No material changes to findings from the impact assessment have been identified in relation to the extension of this provision.

No material changes to findings from the impact assessment have been identified in relation to the changes and extension of this provision.

No material changes to findings from the impact assessment have been identified in relation to the extension of this provision.

No material changes to findings from the impact assessment have been identified in relation to the extension of this provision.