Sector responds to Housing (Scotland) Bill

Richard Meade, chief executive at the Scottish Federation of Housing Associations, said the bill is “a welcome step forward”.

He added: “It means housing associations will have greater access to information from other bodies such as NHS or local authorities when a tenant is at risk of homelessness. This co-ordinated response is crucial as the best way of tackling homelessness is preventing it in the first place.

“We also support the Scottish government’s intention to introduce an equivalent of Awaab’s Law to resolve issues of damp and mould and other hazards.

“We do need greater details on what these measures will entail, so we look forward to engaging with the Scottish government to ensure regulations work for housing associations and tenants.

“While the private-sector rent controls in the bill do not affect housing associations, we do believe this is a missed opportunity to exempt mid-market-rent homes from rent controls via legislation.

“We do, however, welcome the cabinet secretary’s commitment to exempt MMR [mid-market rent] in principle as set out in the Housing Emergency Action Plan. It is vital that this key form of affordable housing is protected to provide the homes Scotland desperately needs.”

Ruth Gilbert, national campaigns chair at Living Rent: “The Housing Bill is an important step forward but given the extent of the housing emergency it is the bare minimum tenants need.

“This bill would not exist without the hard work of tenants fighting for it. However, over the last few months, the government has capitulated to the demands of landlords and has gutted the housing bill of key progressive mechanisms.

“As a result, the bill is riddled with exemptions and loopholes that will see huge numbers of tenants unable to challenge out of control rents.

“If MSPs are serious about ending the housing emergency, they must take urgent steps to deliver emergency protections for tenants now until rent controls take effect in 2027 and strengthen rent controls by removing all exemptions.”

Robin Blacklock, interim director at the Scottish Property Federation: “The PBSA [purpose-built student accommodation] sector is based on a fundamentally different market to the wider PRS [private rented sector] and should never have been included within the scope of rent controls in the first place.

“PBSA is highly cyclical, with students in tenure for less than a year, and there is significant churn as universities themselves require accommodation to be made available for a new tranche of first-year students and post-graduates [who are] often away from home for the first time. 

“In short, this is not an open market and that is why rent controls, as a blunt instrument, simply cannot be applied to the sector if Scotland wishes to continue to see major investment delivered to support the vitality of the higher education sector.

“While the amendment to include student accommodation was not proposed by the Scottish government, we are glad that they recognised this and have excluded student accommodation from rent controls.”

He continued: “The debate surrounding rent control prompted by this bill has brought significant uncertainty and the stalled investment contributing to the downturn of Scotland’s housing market, which resulted in the declaration of a housing emergency 18 months ago.

“There are clear lessons for the future, especially the need to work closely with industry to avoid the disruption as seen in the early stages of this bill. However, we welcome the recent shift in approach by the Scottish government and the recognition of the vital role that the private sector must play in tackling Scotland’s housing emergency.”

Mr Blacklock said the bill must mark the start of a new approach and be met with tangible action.

He added: “Despite the prolonged period of uncertainty, we have found a balance between attracting investment and protecting residents: inflationary-linked uplifts in rent control areas protects tenants with the [Consumer Price Index] CPI+1% mechanism capped at 6%; while the exemptions from rent controls for the build-to-rent sector and mid-market rent housing recognise the need for large-scale investment into the sector.

“While we are moving towards a position which will see investment returning and new homes being built, we now urge the Scottish government to finalise the detail of the secondary legislation to create a solid base for this investment.

“We also call on government to commence the process of collecting and collating robust data on the rental market to avoid failures of the past and to ensure the credibility and efficacy of the now enacted legislation into the future.”

David Bookbinder, director at Glasgow and West of Scotland Forum of Housing Associations: “My overall sense is that despite a very long, torrid parliamentary process, the actual impact of the bill in the longer term may be less radical than the SG [Scottish government] imagines.

“The homelessness prevention changes are really quite modest, when it comes down to it. It’s a big increase in housing supply that’s going to make inroads into the housing emergency, not just giving the police and health boards new ‘ask and act’ duties.”

Maeve McGoldrick, head of policy and communications at Crisis Scotland: “We already have strong rights in place for people experiencing homelessness, but as we see from our frontline services, we need to do far more to prevent people losing their home in the first place. That means allowing people entering a housing crisis to get help earlier, so they can get support before it is too late.

“At Crisis, we have been calling for new protections to stop people being forced from their homes for years. These new changes contained in the Housing Bill hold the potential to create a truly world-leading homelessness system, where everyone has a safe, secure place to live.”

Alison Watson, director of Shelter Scotland: “There’s a lot to welcome in the bill, but if passing laws was the answer to the housing emergency, we’d have tackled this years ago. What we need is transformative change.

“Without reducing rents, clearing the homelessness backlog or properly funding all prevention work, councils will continue to struggle. This bill will not address the housing emergency or move the 10,180 children out of temporary accommodation and into forever homes.

“Ultimately, this housing bill and the cabinet secretary’s emergency action plan does not go far enough. This comes as yesterday’s [Tuesday’s] affordable housing supply statistics expose that not enough homes are being built.

“These figures show that Scotland is failing to deliver the homes that were promised, and certainly not delivering the homes that we need. Any plan that does not include these homes is a plan for increasing homelessness and denies thousands of children the chance to thrive.”

Kelly Brown, director at Places for People Scotland: “The inclusion of measures to implement Awaab’s Law is particularly important. 

“No one should have to live in conditions that damage their health, and this legislation places customer safety and accountability at its core. This commitment resonates deeply with us at Places for People, where we are already preparing for the introduction of Awaab’s Law in our homes in England. 

“Extending these protections to Scotland further strengthens our shared goal of safe, healthy living environments. We also support the strengthened focus on homelessness prevention. 

“Early intervention and a duty on public bodies to identify those at risk will be vital in reducing homelessness and providing timely support.

“While the bill aligns strongly with our values, its success will depend on clear guidance, sufficient funding and close collaboration across sectors – this isn’t job done for Scottish government. PfP [Place for People] Scotland is committed to working with partners to ensure these reforms deliver a fairer, safer and more inclusive housing system across Scotland.”