Making changes to let property: equality impact assessment

Background

Scottish Ministers have committed to giving private tenants greater rights to personalise the home they rent. Currently the rights of private tenants to make changes to the let property will depend on terms of their tenancy agreement. The majority of private tenancies are Private Residential Tenancies (“PRT”) (tenancies that began on or after 1 December 2017) under the Private Housing (Tenancies) (Scotland) Act 2016^[4] (“2016 Act”), and unless otherwise agreed, changes to the let property are at the discretion of the landlord.

Measures under the Bill aim to provide all private tenants with a PRT with additional rights to make certain minor changes without consent (e.g. putting up pictures and posters), and the right to request to make certain other larger changes (e.g. painting walls and putting up wall shelves) that a landlord could not unreasonably refuse after they have lived in the property for over 6 months.

This would result in the following categories of changes that private tenants with a PRT could make to personalise their home:

Category 1: No approval from landlord required - private tenants would be allowed to make certain minor modifications to the let property without prior agreement from their landlord. For example, putting pictures and posters on walls. The nature of such changes would be defined in secondary legislation.

Category 2: Right to request and landlord cannot unreasonably refuse – private tenants would have a new right to request to make certain larger changes to the let property and for their request to not to be unreasonably refused, where they had lived in the let property for a set period of time. For example, painting the walls inside the property a different colour. The nature of such changes would be defined in secondary legislation.

In agreeing to a change, a landlord would be able to set conditions for approval but only where it is reasonable for them to do so. Tenants would continue to be able to ask for more substantial modifications to the properties fixtures and fittings, but these would continue to be at the discretion of the landlord as is currently the case. This means the landlord could refuse modifications that did not fall into either category 1 or 2 above without any test of reasonableness.

The types of changes that would fall into each of the two categories will be set out in regulations and subject to consultation with tenants, landlords and other interested stakeholders. Scottish Ministers would also have powers to set out in regulations the information that must be included within a request for a category 2 change, the grounds for refusal and reasonable conditions for approval. This will assist in the effective implementation of the measures.

Tenants would need to make a request for a modification under category 2 in writing and meet any requirements set out in secondary legislation. Landlords would then need to respond to the written request within 42 days of receiving the request. If a landlord does not respond to the tenant within the set timescale, this would be treated as having refused consent.

Where the tenant thinks a refusal or condition for approval is unreasonable, they can appeal the landlord’s decision through the First-tier Tribunal for Scotland (Housing and Property Chamber) (the Tribunal). Before making an application to the Tribunal a tenant must first notify the landlord or their intention to do so.

These new rights are in addition to existing rights for disabled tenants to request and not be unreasonably refused a request for adaptions, auxiliary aids or services under section 52 of the Housing (Scotland) Act 2006 or section 37 of the Equality Act 2010.