Rent control: equality impact assessment results

Recommendations and Conclusion

Whilst recognising that the data available does not provide a complete picture of the needs of those with protected characteristics, this assessment has considered the needs of these groups as fully as possible.

The overall assessment is that the introduction of rent control has the potential to benefit all tenants with private residential tenancies in areas where rents are controlled and will not introduce changes that directly or indirectly discriminate against those with protected characteristics.

The introduction of rent control may be beneficial for certain groups with protected characteristics including older people and children/younger people, disabled people and women who are more likely to rent in the private sector or who may experience more difficulty in affording rent costs.

As set out above, the evidence base around equalities characteristics among private landlords in Scotland is limited, although it may provide some indicative information about the Scottish sector. However, direct evidence has not been identified that indicates that landlords with particular characteristics will experience different impacts from the proposed rent control legislation.

Ultimately, the impact on landlords and tenants will depend on the number of rent control areas established and the level at which the rent cap is set, and the rent control framework has been designed with flexibility to allow the parameters to be chosen in a way to help stabilise rents in areas where market rents have been increasing particularly steeply, whilst ensuring a balanced approach that provides appropriate protection for the property rights of landlords . The measures include a requirement for Scottish Ministers to consult persons representing the interests of tenants and landlords in the proposed rent control area before the imposition of any rent controls, in recognition of the fact that rent controls must be designed in a way which is necessary and proportionate for the local context to which they are applied, and take into account the likely impacts on landlords and tenants in that area.

Consideration will be given to whether there may be opportunities to gather further data on the characteristics of landlords and tenants in Scotland to support further assessment of potential impacts of the legislation, either alongside implementation of the measures or as part of the evaluation strategy for the Housing Bill.

It is recognised that the details of any rent control measures will need to be communicated in a way which takes into account the differing needs of equality groups, and ensures that helpful information is accessible to all landlords and tenants.

This may be particularly necessary to support some equalities groups, such as minority ethnic tenants, who, evidence suggests, may in some cases face language barriers which impact awareness of their rights, and who may also be less comfortable challenging poor practices.

Ensuring that tenants and landlords are aware of where rent controls are designated, and how they are to operate, will be crucial to the effective implementation of these measures, and to supporting the delivery of better outcomes for people and communities in line with Scottish Ministers' commitments.