Rented Sector Reforms: Fairer Scotland Duty Assessment

Stage 3 – assessment and improvement

What options could strengthen this policy in its impact on inequalities of outcome?

The policy proposals have been developed and informed by stakeholder engagement from the outset.

For example, the recent landlord and tenant questionnaire sought views on the proposed length of notice a joint tenant wishing to leave should give other joint tenants and whether it should be shorter or longer than the two months proposed. We will continue to seek to strengthen equality of outcomes by balancing interests of tenants who would benefit from time to look for alternative accommodation, and those who could potentially be “trapped” in a tenancy, for example those affected by domestic abuse and suffering financial violence.

We also sought views the conversion of 1988 Act tenancies in our ‘Landlord and tenant engagement questionnaire on the rented sector reform’. We asked a question about views on whether short assured and assured tenancies under the 1988 Act should be phased out. 71% of those answering the question agreed with the proposal. Support for the proposal was strongest amongst tenants. However, a smaller majority of landlords and landlord organisations also supported the proposal.

Further stakeholder engagement and consultation will inform the development of the detailed approaches as we that will support the implementation of the measures.

No further options to strengthen the programme are therefore actively being considered introduction of the Bill.

How could the policy be adjusted to address inequalities associated with particular groups?

The analysis of the New Deal consultation indicated that ‘In terms of particular barriers people with protected characteristics face in the rented sector, some respondents commented that the principal barrier is being able to afford the rent. In relation to groups that may be particularly disadvantaged by higher rental costs in the PRS there was reference to women, young and single parents, and those from ethnic minorities. It was reported that disabled people not only face barriers associated with affordability and housing-related benefits, but also in relation to the accessibility of the housing stock^[83].

A number of the provisions in the Bill create a legislative framework for the proposed changes, for example in relation to rent control, pets and making changes to let property, which will require further stakeholder consultation and secondary legislation to implement, ensuring that the development of detailed approaches can contribute as far as possible to reducing inequalities.

In addition, the Scottish Government anticipates working with stakeholders to develop a coordinated programme of monitoring and evaluation of the impact of rented sector reform alongside other measures in the Bill. There are several approaches to evaluation being considered as part of this programme including analysis of routinely collected internal data, learning from external data and research, and bespoke new research (which could include surveys and mixed methods research).