Scottish landlord register and private rental levels: FOI release

Information requested

You asked for "Has the Scottish Government carried out any feasibility study on whether the landlord register could be used to collect private rental levels? If so, can you provide it?"

Response

I enclose two documents which discuss the potential for the landlord register to be used to collect private rent levels.

The first document I have enclosed is called "Document 1 - Fair Rents Scotland Bill - Advice to Ministers - PRS Data Development Options - Submission - 19 December 2019 - REDACTED". This document was provided as Ministerial advice in December 2019 and discussed improvements required to data sources to potentially inform the implementation of Rent Pressure Zones. This document includes some information which falls within the scope of your query. This includes an initial review of data collected through the Scottish Landlord Register and an assessment of the developments required to collect further data such as private rental levels . As the document notes, this was a "rapid review" and further work was needed to fully scope out the feasibility of required developments.

Section 38(1)(b) of FOISA was applied to some information in this document as it contained personal information relating to personnel of the Scottish Government. The exemption applied to the documents therefore remain as disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Section 29(1)(a) of FOISA was also applied to some information in this document that is not in scope of this request but form part of the broader formulation of government policy. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions in this area. This supports the provision of free and frank advice to Scottish Ministers.

The second document I have enclosed is called "Document 2 - Fair Rents Bill - Registers of Scotland - Development Effort Fair Rents (Scotland) Bill - APPROVED - v2.0 - June 2020 - REDACTED". This document was review completed by Registers of Scotland and provided to Scottish Government in 2020. This document reviewed IT developments required to the Scottish Landlord Register to comply with the requirements of the Fair Rents (Scotland) Bill. Whilst not a formal feasibility study, this document set out the assumptions, high level requirements, constraints and caveats to collect a range of data (including private rents data) from private landlords, as per the requirements of the Fair Rents (Scotland) Bill.

Section 38(1)(b) of FOISA was also applied to some information in this document as it contained personal information relating to personnel of Registers of Scotland. The exemption applied to the documents therefore remain as disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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FOI 202500454059 - Information Released - Document 1 and 2

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