Rent control analysis and rent tribunals data: FOI release

Information requested

1. Could you supply all analysis undertaken on the creation of new rent controls, plus briefings and correspondence sent and received by the government about them, between November 1 2024 and the date of this FOI?

2. How much has The First-tier Tribunal for Scotland (Housing and Property Chamber) rent tribunals cost and how many have been launched and finished since the rent freeze ended?
-Breakdown of costs and how many cases were successful/failed?.

Response

I enclose a copy of some of the information you requested.
Some of the information you have requested is available on the Scottish Parliament website and on the Scottish Government's website. This information is as follows:

• Housing Bill Stage 1 report SG response | Scottish Parliament Website
• A letter to the Minister for Housing on the Housing (Scotland) Bill, rent controls
• Housing (Scotland) Bill: letter to Minister - gov.scot

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on rent control.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on rent control will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the rent control measures under consideration in relation to the Housing (Scotland) Bill will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing as the legislation undergoes the Parliamentary process, and decisions have not yet been taken on some matters which are still under consideration.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s policy position on the details of the proposed rent control measures, until the Government as a whole can adopt a final policy position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Finally, an exemption under section 38(1)(a) of FOISA (personal information) applies to a small amount of the information requested because it is personal information of which you are the data subject, and so it is subject to the General Data Protection Regulation and the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

In relation to the second part of your request, you ask how many rent cases have been launched and finished in the First-tier Tribunal for Scotland (Housing and Property Chamber) since the rent freeze ended.

The SCTS provides the Scottish Government with administrative information about caseloads in the FTT. This includes some information that is relevant to your query. This information relates to cases arising from tenancies under the Private Housing (Tenancies) (Scotland) Act 2016. We have included in the table below figures relating to applications to appeal rent set for a private residential tenancy by the rent officer which were received by the Tribunal from April 2023 onwards (this being the point when the 0% rent cap for the private rented sector under the Cost of Living (Tenant Protection) (Scotland) Act 2022 was replaced with a 3% cap). It should be noted that the information below is not necessarily final data.

Month/Year	Cases received under Tribunal Rule 108 (applications to appeal rent set by the rent officer)	Cases disposed under Tribunal Rule 108 (applications to appeal rent set by the rent officer)
Nov 2024	3	5
Oct 2024	4	2
Sept 2024	4	2
Aug 2024	6	2
July 2024	11	0
Jun 2024	0	0
May 2024	3	0
Apr 2024	0	0
Mar 2024	0	1
Feb 2024	0	1
Jan 2024	1	0
Dec 2023	0	0
Nov 2023	0	1
Oct 2023	1	0
Sept 2023	0	0
Aug 2023	1	0
July 2023	0	1
Jun 2023	0	0
May 2023	1	0
Apr 2023	0	0

You may also wish to be aware that some rent cases related to private residential tenancies are determined by rent officers in the first instance, rather than the First-tier Tribunal for Scotland (Housing and Property Chamber), and are therefore published by Rent Service Scotland. These decisions can be found here: Private Residential Tenancy: rent adjudications - gov.scot

The Scottish Government does not have some of the information you have asked for, because the Scottish Courts and Tribunals Service is responsible for the administration of the First-tier Tribunal for Scotland (Housing and Property Chamber). You may wish to contact the Scottish Courts and Tribunals Service who may be able to help you regarding information on how much Tribunal cases have cost and the breakdown of these costs. Their contact details can be found here: Freedom of Information | Scottish Courts.

We also do not have information from the First-tier Tribunal for Scotland (Housing and Property Chamber) regarding the outcome of rent cases. However, rent decisions made by the Tribunal are published on the Tribunal website, here: https://housingandpropertychamber.scot/applytribunal/rentterms-prescribed-property-costs/rent-decisions The Scottish Tribunals also publish an annual report which includes an overview of cases in the Housing and Property Chamber: scottish-tribunals-annualreport-2023-2024.pdf

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400444421 - Information Released - Annex

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