Private Rented Sector Stakeholder Engagement Group minutes: March 2024
Minutes from the meeting of the Private Rented Sector Stakeholder Engagement Group on 21 March, 2024.
Attendees and apologies
Attendees
- Anna Gardiner (SLE)
- Caroline Elgar (SAL)
- Callum Chomczuk (CIH)
- David Melhuish (SPF)
- Emma Saunders (Living Rent)
- Maeve McGoldrick (Crisis Scotland)
- Ronnell Reffell (UK Finance)
- Timothy Douglas (Propertymark)
- Scottish Government officials
- Lucy Robertson (Craigforth)
Apologies:
- Aoife Deery (CAS)
Items and actions
Welcome
The Chair welcomed attendees to the eighth meeting of the PRS Stakeholder Engagement Group.
Actions and minutes from previous meeting
Minutes from the previous meeting were issued prior to this meeting and were agreed.
Presentation and discussion on analysis of the recent landlord and tenant engagement questionnaire.
The Chair welcomed Lucy Robertson, who presented on Craigforth’s analysis of the Landlord and Tenant Engagement Questionnaire[1]. This was followed by a discussion where the following questions were raised:
- For some questions, there was a difference between the responses from tenant representative groups and the those from individuals who are tenants. Was there any further analysis of this?
It is difficult to consider what the explanation for this might be, due to the small numbers of respondents who were tenant representative organisations
- Were landlord responses over-representative of landlords who own multiple properties compared to landlords who only own one or two properties?
It’s not easy to say why that might be – possibly landlords with larger portfolios were either more likely to be aware of the questionnaire or more likely to respond. However, respondents still include a good sample of landlords with only property, so it is not considered that the difference is great enough that the responses are not representative of the sector as a whole.
- Were landlords more supported in engaging with the questionnaire than tenants, given landlords on the Landlord Register received emails flagging the questionnaire, and Propertymark invited officials to attend a session to speak with their members about the questionnaire?
We agree that it is often more difficult to reach tenants. However, there was still a good response rate from tenants, and we are encouraged by the good tenant response rate to the questionnaire.
- How does the analysis of the questionnaire responses support the development of the policy proposals, and were there any which were surprising?
In some cases the results were not as a polarised as might be expected, which is particularly useful in cases where there are nuances, such as in the consideration of appropriate timescales for landlord responses to tenants requests. The Scottish Government is working to put together systems which will work and will balance the needs to landlords and tenants, and the responses are helpful for calibrating this.
- Were there any responses which were surprising?
There were no big surprises, as conversations on the proposals have been ongoing for some time across the sector.
- Is it possible for Group members to see the draft legislation before it is introduced in Parliament?
Unfortunately, this will not be possible, but there will not be any significant measures in the Bill beyond– the proposals already discussed.
- Concerns about a ‘one-size-fits-all’ approach – the characteristics of the PRS in rural areas can be different to urban areas, with longer tenancies, less frequent rent reviews and the potential for some properties to be let for free to retired workers on estates. Has this been taken into account in the questionnaire analysis?
With the data available it is difficult to assess this specifically. Respondents were able to select multiple areas in their response, which could include the area where they live and multiple different areas where they may own property.
Based on the sample sizes, we did not see robust data suggesting differences between responses from rural and urban areas. The sample size was not big enough to draw a robust conclusion on this.
Were there particular issues where different responses might be expected between urban- and rural-based respondents?
- It is possible that differences between the characteristics of the PRS in urban and rural areas could lead to different views between rural- and urban-based respondents on issues such as universal vs locally-applied rent control and between-tenancy rent control. Has this been taken into account in the questionnaire analysis?
Whilst there was a general split between landlord and tenant respondents on the matter of universal vs locally applied rent control, there were not obvious differences between urban- and rural-based responses. The sample size available was not big enough to draw robust conclusions about differences in responses between respondents connected to rural areas and those connected to urban areas.
- Were landlords made aware of the previous New Deal for Tenants Consultation through landlord registration? It is important that tenants are contacted about consultations as well.
Officials will check regarding the previous consultation. [Post-meeting addendum: registered landlords were informed of the New Deal for Tenants Consultation by email in January 2022].
The Scottish Government has made commitments around better engagement with tenants. There has been a need to focus on the recent emergency legislation, but the intention is still to take forward work around better engagement with tenants.
There is a mailing list where anyone can sign up to be notified of Scottish Government consultations going forwards.
- Propertymark highlighted that the request for engagement from the Scottish Government had originated from them. They wanted to involve agents to share their experience.
- Officials affirmed the commitment to improve engagement. The Scottish Government remains open to ongoing discussions and will come back to the group on plans to initiate tenant engagement panels.
- Has there been consideration of using the upcoming Housing Bill to make the Cost of Living Act measures permanent?
Reform to the way civil damages for unlawful eviction are calculated, which was originally consulted on as part of the New Deal for Tenants consultation and was temporarily applied under the Cost of Living Act, is under consideration for inclusion in the Housing Bill.
Separately, permanent amendments to rent adjudication which were also consulted on in New Deal for Tenants consultation are also being considered.
AOB
Upcoming Housing Bill
Members asked when the upcoming Housing Bill was likely to be introduced.
- this is a decision for Ministers in agreement with the Scottish Parliament
- it is anticipated that this will be soon, and officials will ensure that stakeholders are aware once this occurs
Future meetings of the Group
- this was the last of the scheduled meetings of the Group. The Scottish Government considers that the Group is a useful forum and that it would be helpful for it to continue.
- group members generally agreed this point, and future meeting dates will therefore be circulated in due course
Actions
- officials to circulate a list of proposed dates for future meetings
- officials to confirm whether landlords were made aware of the previous New Deal for Tenants Consultation through landlord registration – [this has now been confirmed (see note above)]
[1] The analysis report was published on 08 March 2024, along with a separate report with analysis of email responses received in relation to the matters covered in the questionnaire.
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