Housing (Scotland) Bill: government response

To: Professor Russel Griggs OBE, Chair, Regulatory Review Group

From: Màiri McAllan, Cabinet Secretary for Housing

Dear Russel, 

Thank you for your letter of 20 November 2025 providing independent advice on the progress, and implementation, of the Housing (Scotland) Act following your meeting with my officials on Thursday 30 October 2025.

I welcome the Regulatory Review Group’s (RRG) recommendations on the pace of change and enforcement and communications considerations. 

I would like to offer an initial response to each of the points you make and am happy to commit to my officials returning to the Group to update you on progress on these in future, as requested. 

With regard to the recommendations made by the RRG for consideration as implementation progresses I would offer the following observations: 

I note the RRG’s concerns about the issue of sequencing of the implementation of the Housing (Scotland) Act.

We are proposing a phased approach to implementation that seeks to align coming into force dates wherever possible, with a focus on avoiding and reducing the complexity for tenants and landlords that would result from continued, sequential changes to the regulatory environment. This aligns with your recommendation highlighting the need for the measures in the Act to be taken forward in an ordered and sequenced manner, with the impacts looked at collectively and an ordered communication plan that effectively informs stakeholders and the general public. 

This will minimise the regulatory burden for landlords as well as reducing overall costs to the Scottish Government for implementation, including through allowing for focused awareness raising campaigns at key points. 

There is strong cross-party and stakeholder consensus that robust rent data is essential to underpin the long-term system of rent controls set out in the Act. 

Detailed consideration of the most cost effective and deliverable approach to data collection in support of implementing long term rent control continues. We are committed to working collaboratively with local authorities to understand their data needs and ensure the system is proportionate, flexible, and effective. The powers in the Act provide a solid foundation for collecting data on rent levels, and we are exploring options to enhance existing systems, including the use of the landlord register’s digital infrastructure, which is something stakeholders are keen to see explored We will, of course, liaise closely with COSLA as we develop these proposals. 

The confirmation of the intention to exempt, where appropriate, Mid Market Rent and Buy to Rent properties from rent control has been welcomed by investors and developers. We are continuing to work with sector stakeholders to develop the detail that will support bringing forward the regulations that will set out the exemptions.

We are also mindful of interest in other aspects of our consultation earlier this year, particularly proposals for a modified rent cap, and how this might be used where there have been property improvements or where rents have fallen behind market rates.

The full consultation analysis will be published shortly and continues to inform our next steps, and we will continue to engage with stakeholders as we progress this work. I note your concerns about the enforcement of Awaab’s Law, and the potential question of who will pay costs of rectifying issues, particularly where they have been deemed to be caused by faulty installation of insulation and cases where issues may not be easily rectified. 

As you know, the Act broadens Ministers’ powers to implement Awaab’s Law in the social rented sector and I have also outlined my commitment to also implement Awaab’s Law for private tenants.

I am awaiting further advice on these issues from officials. I would again thank the RRG for their scrutiny of the Housing (Scotland) Act 2025 and for setting out their recommendations.

Yours sincerely 
Màiri McAllan