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

Legal Aid Impact Test

Views on the potential impact of new application routes to the Tribunal were sought from the Scottish Legal Aid Board (“SLAB”). SLAB indicated that it is difficult to assess the likely impact on legal aid applications given the level of uncertainty on future Tribunal caseload from introduction of the measures under the Bill.

SLAB noted in their response that they do not currently see many applications for legal aid in relation to Tribunal cases. Information from SLAB indicates that, for the three years to January 2024, there were 1,206 Civil Advice and Assistance granted applications only in the “Landlord and tenant” category. There were only three cases where “Private Residential Tenancy” was mentioned in 2021 and one in 2022 out of a total number of 22 that mentioned “Tribunal” in the subject matter.

In SLAB’s view, the measures would lead to a modest increase in legal aid applications, or would involve additional procedure, and in turn cost, for applications that they would otherwise be anticipating anyway. However, in the absence of contrary information as to volumes, their view is that any cost increase would probably not be significant