Rented sector reform: Housing (Scotland) Bill: business and regulatory impact assessment

Purpose and intended effect

The purpose of the Housing (Scotland) Bill ("the Bill") is to deliver a package of reforms which will help ensure people have a safe, secure, and affordable place to live. It also helps to deliver the Scottish Government’s ‘New Deal for Tenants’ ^[1] and some aspects of ‘Housing to 2040’.^[2]

The Bill has 7 Parts in total which are summarised below and set out in more detail in the Bill’s Policy Memorandum^[3]:

i. Part 1 makes provision about rent including the designation of rent control areas.

ii. Part 2 makes provision about dealing with evictions, including duties to consider delaying evictions and the amount of damages for unlawful evictions.

iii. Part 3 makes provision about residential tenants keeping pets and making changes to let property.

iv. Part 4 makes provision about other matters relating to tenants including unclaimed tenancy deposits, registration of letting agents, ending joint tenancies, delivery of notices and converting assured tenancies into private residential tenancies.

v. Part 5 makes provision about homelessness prevention including duties of relevant bodies, assessment of housing support services and supporting tenants affected by domestic abuse.

vi. Part 6 makes provision about other housing matters including mobile homes, fuel poverty and disclosure of information to the new homes ombudsman.

vii. Part 7 makes provision about commencement and other ancillary matters.

This Business and Regulatory Impact Assessment considers the main Rented Sector Reforms in the Bill, namely:

i. Powers for Scottish Ministers to introduce rent control areas

ii. Amending the frequency of initial rent increases

iii. Capping of rent increases on referral or appeal

iv. Evictions: duties to consider delay

v. Evictions: damages for unlawful eviction

vi. Private residential tenancy: Keeping pets

vii. Scottish Secure tenancies: Keeping pets

viii. Private residential tenancy: Making changes to let property

ix. Unclaimed tenancy deposits

x. Ending Joint tenancies

xi. Social landlords: Delivery of notices

xii. Converting older tenancies

xiii. Social landlords: tenants affected by domestic abuse