Housing (Scotland) Bill: business and regulatory impact assessment summary

Consultation

Within Government and Public Bodies

There has been consultation with colleagues across a wide range of portfolios within core Scottish Government, as well as representatives of relevant public bodies.

Rented sector reform measures - there has also been engagement with the Scottish Courts and Tribunals Service (“SCTS”) and the First-tier Tribunal for Scotland (Housing and Property Chamber) Tribunal (“Tribunal”), Rent Service Scotland and local authorities to understand their views on the practical application and implementation of the measures.

Homelessness prevention duties - there has been engagement with a number of public bodies and other organisations. Scottish Government officials also engaged with local authorities, COSLA, the Association of Local Authority Chief Housing Officers, and there was opportunity for stakeholders to contribute to the development of the policy including via the Change Team (our homelessness lived experience group) and the Housing Options Hubs.

Public Consultation

As set out in the Policy Memorandum,^[7] there have been three public consultations on policies within the Bill which are:

• New Deal for Tenants - draft Rented Sector Strategy consultation^[8]
• Prevention of homelessness duties consultation^[9]
• Mobile Homes Act 1983 – Pitch Fee Uprating Consultation^[10]

The Scottish Government also issued the ‘Landlord and tenant engagement questionnaire on rented sector reform’.^[11]

Working groups that have helped shape the policies within the Bill include:

• Private Rented Sector stakeholder group
• Local Authority working group on rent control
• Homelessness and Rough Sleeping Action Group (HARSAG)’
• Prevention Review Group (PRG)
• Homelessness Prevention Task and Finish Group
• Letting Agent Stakeholder Group
• Improving Housing Outcomes for Women and Children Experiencing Domestic Abuse Working Group.

Business / third sector

Rented sector reform measures - in addition to the public consultation, targeted engagement has taken place with a range of key business stakeholders including social and private landlord representative bodies, letting agent representatives, housing investors including build to rent providers, UK Finance and the three approved tenancy deposit schemes. The Scottish Government has also worked with key stakeholder representative groups to seek direct feedback from businesses on the business and regulatory impact of the proposals on their interests through requesting responses to a BRIA impact cost template. Details are set out in the Rented Sector Reform: Final Business and Regulatory Impact Assessment (“Rented sector reform BRIA”)^[12] which also provides information about discussions with landlord groups and with investors and investor representatives.

Homelessness prevention measures - there has been engagement with third sector organisations working in the housing and homelessness sectors, including the Scottish Federation of Housing Associations, Crisis, Shelter, Cyrenians, the Chartered Institute of Housing and Homeless Network Scotland, as well as particular interest groups such as The Promise, Scottish Women’s Aid and Engender.

Mobile homes measures - an approach was made to British Holiday and Home Parks Association who did not require a meeting but promoted the public consultation to the mobile home parks in Scotland.