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

Delivery of notices

Background, Objective and Rationale

Currently social housing landlords are required to serve notices in relation to rent increases either by:

• delivering it to the tenant in person;
• leaving at the tenant’s address; or
• sending it by recorded delivery letter to the tenant at their address (where a signature on delivery is required).

Stakeholders have highlighted concerns about the current prescribed methods of delivery, particularly in relation recorded delivery when a signature is required to confirm delivery. The current acceptable methods of delivery are considered restrictive, outdated, and do not reflect modern mail delivery methods or widely used electronic delivery methods such as email or secure access tenancy management IT systems.

The policy objective is to make some changes to the way in which notices and other documents may be given to a person under Chapter 1 of Part 2 of the 2001 Act in connection with Scottish secure tenancies as to better reflect modern communication methods, providing benefits for both tenants and landlords.

Sectors and Groups Affected

The main sectors and groups who could be directly affected by the various options considered include:

• Social landlords
• Social housing tenants

Option 1 – Do nothing

In this option, current legislation would remain the same. Social landlords would be required to continue to use the current methods for delivery of legal notices for all of their tenants, which could lead to inefficiency as this does not reflect modern methods of communication.

Option 2 – Non-regulatory measures

This option would not deliver the changes requested by social landlords to modernise the methods of delivery for legal notices, as this requires legislative change.

Benefits

Not applicable.

Costs

Not applicable.

Option 3 – Legislate (Preferred Option)

This option would see legislative changes to the current methods of delivery of legal notices which are considered restrictive, outdated, and do not reflect modern mail delivery methods or widely used electronic delivery methods such as email or secure access tenancy management IT systems.

In order to provide the necessary safeguards for tenants, this change to methods of delivery for legal notices can only be used if the landlord and the tenant agree in writing beforehand that the tenant may be given the notice in this way and in an electronic format specified by tenant for the purpose.

Benefits

Social landlords

There could potentially be savings for social landlords over their current methods of delivery. The provisions will provide a wider range of options for delivery of rent notifications, with potential savings in postal costs and staff time.

Social tenants

Social tenants could potentially benefit from quicker and more convenient delivery of notices. Where tenants prefer current methods of delivery, they will be able to continue with these.