Cost of Living (Tenant Protection) (Scotland) Act 2022 - 2nd proposed extension: statement of reasons

We have prepared this Statement of Reasons to set out why The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Date) Regulations 2023 should be made.

3. Proposal to extend

3.1 Scottish Ministers have carefully considered the wider economic context and feedback from stakeholder engagement, and decided that it is necessary and proportionate for Part 1 of the Act to be extended for a further, and final, 6 month period to 31 March 2024.

3.2 In reaching this decision, careful reflection has been given to balancing the views expressed by many stakeholders and partners against the commitment given when the Act was introduced and the statutory duty that the provisions will not remain in place unless necessary. Careful consideration has also been given to striking a fair balance between the protection of tenants and the property rights of landlords.

3.3 Part 1 of the Act can only be extended in its entirety and not on a provision by provision basis. Any provisions that should not be extended therefore need to be expired or suspended through separate regulations. In addition, throughout the proposed six month extension period, if provisions are deemed to no longer be necessary during that time then they must be suspended or expired early. A suspended provision could subsequently be revived if this was considered necessary and proportionate in connection with the cost of living.

3.4 Therefore, proposing that Part 1 of the Act be extended at this time does not mean that all provisions covered by the extension would remain in place until 31 March 2024. The Scottish Government must continue to review whether the provisions remain necessary and proportionate in connection with the cost of living.

3.5 Section 6 provides an overview of the provisions proposed for a further and final extension period, along with an assessment of necessity and proportionality considerations and Annex B provides a summary of Scottish Government actions and recommendations.



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