The Cost of Living (Tenant Protection) (Scotland) Act 2022: report to the Scottish Parliament - 1 June to 30 September 2023

This report on the Cost of Living (Tenant Protection) (Scotland) Act 2022 covers the period 1 June 2023 to 30 September 2023. It provides a review of the status and operation of the remaining provisions in Part 1.


1. 2022 asp 10. Hereafter, all references to statutory provisions (i.e. 'section' or 'Part' numbers) relate to the Act unless otherwise specified.

2. Defined in the Act as the 'permitted rate'

3. Understanding Scotland Report Wave 8.

4. This was part of a prompted list of potential concerns in the next 2-3 months.

5. A social media metric that measures the number of times a piece of content has been seen by users

6. A social media metric that refers to the number of individual users who have seen or interacted with a piece of content

7. Cost of Living (Tenant Protection) (Scotland) Act 2022 - 2nd proposed extension: statement of reasons; see in particular Section 4 and Annex F.

8. Understanding Scotland Report Wave 8.

9. From YouGov online polling for Scottish Government; fieldwork: week 137 – 1-3 November 2022; week 158 – 28-30 March 2023; week 178 – 15-17 August 2023; weekly sample of c. 1,000 adults aged 18+ across Scotland each wave; weighted to be fully representative demographically and geographically. Base size for private renters is 119 for August 2023, 117 for March 2023 and 145 for November 2022. Data tables for all adults can be found at Public attitudes to coronavirus, cost of living and Ukraine: tracker - data tables.

10. This was part of a prompted list of potential concerns in the next 2-3 months.

11. Households who said they were either "struggling a little" OR "struggling somewhat" OR "struggling a lot".

12. The proportions were 64% for private renters and 53% all tenures in November 2022.

13. Households who said they were "not managing very well" OR "having some financial difficulties" OR "in deep financial trouble". This has increased slightly since polling in November 2022 (which showed 25% among private renters compared to 21% for all tenures as a whole).

14. Either "to some extent" OR "to a large extent".

15. The fuel poverty rate is estimated for the periods that different Ofgem price caps apply.

16. Bank of England, Monetary Policy Report - August 2023; modal CPI forecast based on market interest rate expectations.

17. Data from ONS, Provisional CPIH and CPI-consistent inflation rate estimates for UK household groups: January to June 2023. The inflation rate for households whose income is in the second decile of equivalised income is used for low-income households, while the inflation rate for households in the ninth income decile is used for high-income households – this is in line with previous ONS practice.

18. Regular pay excludes bonuses; including bonuses, total pay rose by 8.5%, but this was affected by one-off bonus payments for NHS England.

19. ONS, Average weekly earnings in Great Britain: September 2023.

20. Data sourced from Bank of England Statistical Database.

21. The two-year fixed rate, 75% LTV BTL rate was 6% in November 2022. The five-year fixed rate, 75% LTV BTL rate has shown a similar pattern, rising from 4.71% in May 2022 to 5.89% in July, before easing to 5.79%, the same level as in November 2022.

22. A breakdown for Scotland is not available.

23. It is estimated that around a third (36%) of private rented sector properties across the UK have an outstanding BTL mortgage (although landlords might have other types of loans than BTL mortgages); see Cost of Living Bill - Key Statistics.

24. The private rented sector in Scotland is estimated to constitute in the region of 7% of the UK private rented sector; therefore, it is very unlikely that a significant increase in UK BTL arrears can be solely the result of trends in Scotland.

25. Letting agencies only cover around half of the private rented sector, and each letting agent's data will be affected by its market coverage, which will vary by geography and market segment. Scottish Government Private Sector Rent Statistics provides a more comprehensive picture of average rents by Broad Rental Market Area and size of property, although again the data largely relates to the new-let market, and it is only published annually, with the next update for the year to end September 2023 scheduled to be released in November 2023.

26. Citylets, Quarterly Report, Q2 2023; data only available for Scotland.

27. Rightmove, Rental Price Tracker, Q2 2023.

28. Zoopla, Rental Market Report: September 2023.

29. Homelet, Rental Index, August 2023.

30. Statistical information | Scottish Housing Regulator

31. cas_illegal_eviction_full_report.pdf

32. See information on Charter Indicator 22 at Statistical information | Scottish Housing Regulator

33. Scottish Household Survey Annual Report Tables 2019

34. Scottish Government Statistical publication on Wealth in Scotland 2006-2020

35. Based on DWP StatXplore Tables for May 2023, compared with latest available rented stock figure



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