Private Rented Sector Stakeholder Engagement Group minutes: June 2025

Attendees and apologies

• Anna Gardiner (SLE),
• Aoife Deery (CAS)
• Ashley Campbell (CIH)
• Caroline Elgar (SAL)
• David Melhuish (SPF)
• Gordon Maloney (Living Rent)
• Rhuaraidh Fleming (Crisis Scotland)
• Timothy Douglas (Propertymark)
• Scottish Government Officials

Apologies:

• Callum Chomczuk (CIH)

Items and actions

The Chair welcomed attendees to the fourteenth meeting of the PRS Stakeholder Engagement Group.

Minutes from the previous meeting will be circulated shortly, and comments in writing will be invited.

Update on the Housing (Scotland) Bill – Stage 2

The Chair updated Group members on recent developments with the Housing (Scotland) Bill (‘the Bill’).

Stage 2 of the Bill process is now complete, with the Local Government Housing and Planning Committee’s (‘the Committee’) final session to consider amendments taking place on 03 June 2025.

The timeline for when Stage 3 will be considered is for the Scottish Parliament to decide, but officials will let Group members know once there is information available on this.

As Stage 2 has only recently finished, there will need to be a process of considering the effect of the various amendments which the Committee agreed, and there will likely be further conversations with Group members once this has taken place.

The government amendments relating to rent controls and other rented sector reforms were all agreed by the Committee. These included amendments which set out the form of the rent cap on the face of the primary legislation, and amendments to give Scottish Ministers additional powers in relation to data collection to allow them to support local authorities carrying out rent assessments.

Officials still intend to plan a ‘deep dive’ session on data for a future meeting, as further details are developed of what this will look like in light of Stage 2 amendments.  

Three non-government amendments (51-53) relating to student tenancies and rent control were agreed by the Committee, but other associated amendments were ultimately not moved. The Scottish Government’s position remains that it is not the intention that student tenancies should be covered by rent control. Further work will be needed in relation to this ahead of stage 3.

Whilst a number of non-government amendments were submitted in relation to exemptions from rent control, none were agreed by the Committee, and there was general acceptance that these issues are best considered as part of the current consultation.

Scottish Government (‘SG’) amendments giving effect to Awab’s Law were accepted by the Committee. There was extensive discussion of quality and standards in housing, and SG anticipates that there will be more discussion on this ahead of stage 3.

The government amendments on other rented sector reforms, such as increased penalties for wrongful termination, unlawful eviction damages and change to succession qualifying period were also accepted by the Committee. Non-government amendments in this area which the Committee accepted included changing powers for Scottish Ministers to make regulations into a duty in relation to rights to keep pets and making changes to let property. Other non-government amendments accepted, in relation to tenant changes to the let property, mean Category 1 changes could not include structural changes, and that it would always be reasonable for a landlord to refuse a Category 2 structural change.

Discussions at Committee raised a number of issues which need further consideration. This included the 42-day timescale for landlords to respond to requests to keep a pet, which was felt to be too long by some, and Scottish Ministers have agreed to reconsider these timescales ahead of Stage 3. Ministers also committed to consider inclusion of terminal illness as one of the listed factors highlighted to the Tribunal/Court when considering a delay to enforcement; and to consult, following passage of the Bill, on tenants lodging a deposit directly with the Tenancy Deposit Schemes.

It is likely that SG will seek further discussion on a number of the areas mentioned ahead of stage 3. 

The chair invited questions and comments from members.

Propertymark

Has there been any further work on the Purpose Built Student Accommodation (PBSA) Review Group recommendations?

Are there any updates on SG’s commitment to review Land and Buildings Transaction Tax (LBTT)?

• Taxation policy officials will be in touch with Propertymark shortly in relation to their recent correspondence about this.
• The Cabinet Secretary was clear that the Scottish Government is not supportive of including student tenancies in the rent control provisions, but that there will need to be further discussion across parties over the summer.
• The Cabinet Secretary also committed to considering the issue of the 28-day notice period, which some stakeholders have called for.
• The outcome of the consultation on various aspects of the PBSA Review Group’s recommendations is due to be published soon, and it is anticipated that there will be more discussion of specific issues following this.

Living Rent

How will amendment 147, which was accepted by the Committee at Stage 2, operate with the Scottish Government amendments placing the form of the rent cap on the face of the legislation, which were also accepted by the Committee?

• This will need to be considered ahead of stage 3, as the amended part of the relevant section may now refer to some text which is no longer in the legislation.

SPF

The consultation on Minimum Energy Efficiency Standards is due to launch shortly – will the Group hear more about this, and will there be a cohesive programme of consultation engagement over the summer?

Is there any further information on the timescales for Stage 3 of the Bill’s parliamentary process?

Will the Group be looking at the Housing Investment Taskforce report once this is published?

• Energy efficiency policy officials are likely to be in touch in due course in relation to engagement around the consultation.
• Planning is currently underway to consider what engagement might be needed over the summer to put together a coherent package of engagement and avoid piecemeal approaches to stakeholders.
• Work also be undertaken to establish priorities ahead of stage 3.
• The Housing Investment Taskforce report is due to be released soon, and officials would be happy to arrange a discussion on that with the Group if this would be helpful.

SAL

Does amendment 207, which was accepted by the LGHP Committee, conflict with legislation in relation to premiums, which prevents landlords charging tenants anything other than rent?

SLE

Amendment 207 was proposed by SLE due to concerns about private water supplies. SLE would be keen to see a change to the definition of rent in the Private Housing (Tenancies) (Scotland) Act 2016.

• Officials noted that this is a complex area which will require further consideration ahead of Stage 3

Update on the current consultation

The consultation is currently live. Comments and questions were invited from Members.

Propertymark

Propertymark are seeking views from members and will submit a response in due course.

SPF

New supply is needed, so SPF are keen to see encouragement for the new-build sector.

If student accommodation does stay in the Bill, SPF would be keen for new-build within the student sector to be supported as well.

Living Rent

Query whether the Scottish Government had written to registered landlords to make them aware of the consultation, and what has been done to raise awareness among tenants.

• SG sent an email to all registered landlords to make them aware of the consultation.
• SG is looking at other options to engage with tenants, such as working with Tenancy Deposit Schemes to contact tenants. SG is aware that tenants are a group which can be harder to reach, but is keen to engage further with them, including potential targeted engagement measures such as tenant focus groups.

Living Rent

Will potential differences in response numbers for landlords and tenants be taken into account in the consultation analysis?

• Analysis will be in-depth, in a similar way to analysis of previous consultations, and is not simply about numbers of respondents.

Citizens Advice Scotland

Is there a timeline for the analysis of responses?

• Procurement for the analysis is already underway. The length of time for responses will depend on the number of unique responses which are ultimately received.
• SG is conscious that MSPs and stakeholders are keen to see the outcomes of the consultation ahead of stage 3 of the Bill process. Officials are currently considering possible options such as a possible interim report, which could allow high-level results to be made available more quickly.
• However, the intention remains that any decisions resulting from the consultation would be taken forward after the Bill process is complete, using the regulation-making powers in the legislation.

Any Other Business

This was the last of the scheduled meeting dates, but SG is keen to continue to engage with group members, and will circulate further proposed meeting dates in due course.

In the meantime, officials are happy to have further discussions with group members in relation to particular amendments if this would be helpful.

Actions

• SG to organise a deep dive session on data for a future meeting.
• SG to circulate future meeting dates for the group in due course.