Private Rented Sector Stakeholder Engagement Group minutes: September 2025

Attendees and apologies

• Anna Gardiner (SLE)
• Aoife Deery (CAS)
• Ashley Campbell (CIH)
• Caroline Elgar (SAL)
• Emma Saunders (Living Rent)
• Robin Blacklock (SPF)
• Timothy Douglas (Propertymark)  
• Scottish Government (‘SG’) officials

Items and actions

Welcome

The Chair opened the meeting and welcomed attendees.

Update on the Housing (Scotland) Bill

Parliament has now agreed the dates for stage 3 of the Bill process. The amendment stage of the Bill is scheduled to take place on 23 September, and the debate on the Bill will be on 24 September.

The final deadline for lodging non-government amendments will be 16 September, with the final deadline for Government amendments being 15 September. A number of non-Government amendments have already been lodged.

In relation to rent control, Ministers are not planning to bring forward amendments which would make major changes at stage 3. Most of the Government amendments in this space are either clarifying (removal of stray references left over after stage 2 amendments etc), or to propose small changes in areas where commitments were made at stage 2 to engage with MSPs ahead of stage 3.

In relation to other rented sector reforms, proposed Government amendments would make drafting changes to some of the non-Government amendments introduced at stage 2 including to ensure duties to make regulation take account of the role of Parliament. In addition, there may be a number of other changes which have come from commitments made at stage 2.  

The Chair invited comments and questions:

On Awaab’s Law:

Given the recent commitment to bring Awaab's Law into force across the rented sector, will this be covered in the Bill?

Is there any further information about how this would be applied to the PRS or how it will be enforced?

It would be helpful to have more information about Awaab’s Law ahead of the workshops.

It would be helpful to have more information on timescales for the implementation of Awaab’s Law and its application to the PRS.

• The powers to apply this to the PRS already exist under current legislation.
• PRS officials will check whether there is more information which can be shared with group members.
• Officials in the relevant teams will be reaching out to stakeholders shortly to discuss further.

Investors are keen to know more about the timeframe for secondary legislation coming from the Housing (Scotland) Bill. Can more information be given on this?

• There is likely to be a lot of secondary legislation as a result of the Bill. The priority areas are likely to include data collection powers in relation to rent control, rent control exemptions, and circumstances where landlords could raise rents above the rent cap in rent control areas.
• The intention is for some initial regulations to be laid as soon as possible after Royal Assent, acknowledging that there are a lot of regulation-making powers in the Bill, and a Parliamentary Election likely in early 2026.
• Officials hope to set out more detail for the Group on timescales after the Bill process is finished.

Are there any provisions which would come into effect immediately upon Royal Assent?

• As far as officials are aware, all of the provisions relating to the PRS would generally need to be commenced by regulations, although this is subject to any amendments which may be passed as part of the stage 3 process.

Update on the recent consultation on potential use of powers in the Bill

Secondary legislation relating to exemptions from the rent cap and circumstances where landlords may be allowed to increase rents above the cap is likely to be a priority after Royal Assent is attained.

The Cabinet Secretary for Housing’s recent statement on tackling the Housing Emergency set out her intention, in principle, to exempt mid-market rent and build-to-rent properties, where appropriate, from the rent controls that are being introduced under the Housing (Scotland) Bill. The Cabinet Secretary was persuaded of the need for this approach by arguments set out in responses to the consultation, as well as the findings of the Housing Investment Taskforce.

The Cabinet Secretary is very aware of the polarised views on the potential use of these powers, and is keen for further work with stakeholders on how these circumstances should be defined.

The initial interim partial analysis of the consultation was expedited ahead of stage 3 to support discussions due to the Parliamentary interest in exemptions at stage 2, but work is continuing on the remaining analysis with a view to publishing this as soon as possible.

The Chair invited questions from members:

Will the proposed exemption for Build-to-Rent (‘BtR’) and mid-market rent (‘MMR’) properties be on the face of the Bill?

How will these providers be defined, in what circumstances will exemptions be applied, and will exemptions be applied retrospectively or only to newly built properties? Investors are keen that definitions shouldn’t be so tight that any BtR is exempted, even if this means that some non-BtR is caught by the exemption.

There is a continued concern about uncertainty in the sector.

• The intention remains for any exemptions to be applied through regulations rather than on the face of the Bill.
• There are challenges in defining both BtR and MMR, as there are not easy and clearly-understood definitions of either; there is a need to give further consideration to the details of definitions.
• SG notes the concern from investor respondents to the consultation around timelines and the calls for respective application and to consider existing supply not just future supply.

Have there been discussions about reviewing the impacts of exemptions on existing tenants? There is a concern about growing rent arrears among MMR tenants.  

• The Scottish Government is supportive of an amendment at stage 3 which would provide for a review of the rent control measures after the first cycle, and this would include a review of any exemptions.
• Close consideration of the potential impacts of the Bill will continue throughout implementation of the measures in the Bill, and officials hope to be able to provide more details on this in due course once stage 3 is complete.

Consideration of exemptions needs to take account of place, and of regional variation and nuance.

If homes move into owner-occupation, this could impact the supply of properties available for rent.

• SG is very aware of those nuances, and that smaller BtR developments can have a large impact on rural supply.

There is a concern that affordability is being missed in discussions of investment.

• The Cabinet Secretary recognises Living Rent’s concerns regarding affordability, and this is still very much on the radar.

Update on data considerations

A number of amendments relating to data were brought forward at stage 2 of the Bill, and the Cabinet Secretary for Social Justice committed to engage with MSPs further on this over the summer.

In response to concerns raised by local authorities in relation to capacity and data, substantial amendments were accepted at stage 2 which will allow the Scottish Ministers to collect the same data as local authorities in relation to properties and rents.

Further consideration has been given to possible operational models and frequency of data collection ahead of stage 3. Annual requests for data are possible under the powers in the Bill, and could allow for the collection of granular data, although in some cases a sampling approach might be appropriate, and this is also possible under the powers in the Bill.

It is clear that substantial IT infrastructure will be needed for this. SG recognises the calls for the Landlord Register to be used for this, and this would be possible under the powers in the Bill, and this is under consideration.

However, this would require detailed engagement with local authorities, who are responsible for the landlord register in their local areas, and adding in such functionality would not be simple.

Further consideration and scoping of options will need to be carried out once the Bill has passed. In terms of stage 3 of the Bill, officials are not anticipating any major Government amendments on data.

Questions from members were invited:

SLE are keen to see the Bill used to resolve concerns relating to registered landlords and properties on agricultural holders (in relation to repairing standards etc). Concerns remain that there will be unintended consequences, and SLE are keen to see their proposed amendments taken forward to clarify where responsibilities lie.

How will data collection be enforced in terms of where responsibilities lie?

• Officials appreciate the concerns some stakeholders have about this issue. It is important to emphasis the difference between the landlord registration infrastructure and the specific landlord registration requirements in the Antisocial Behaviour etc. (Scotland) Act 2004.
• If the landlord register infrastructure was used to collect further data from landlords, it is not envisaged that this would involve changes to the requirements of registration. The infrastructure of the system could be used without making mandatory data collection on rents and related information a part of registration requirements.  

Noting the obligation on local authorities to report by the deadline set in the Bill, would any further data collection work risk the initial assessment deadline in the Bill being missed?

• Considerations of further data collection are likely to take place over the longer term.
• Data on levels of new rents is already collected, and the intention is to expand this collection.
• However, the intention is that future assessment cycles will potentially have more data available.

Investors are keen for the measures in the legislation to be got right first time, and to be supported by adequate data.

• SG recognises the need for interim solutions for the first round of local authority assessments, and is considering this carefully.

Any other business

CIH remain keen for there to be a PRS strategy, with a direction developed across the sector in partnership.

Will there be a government amendment in relation to the definition of rent, as there is some inconsistency about how this is handled in the Bill following stage 2 amendments? SLE are keen to see this clarified, and for the definition of rent to exclude charges for utilities which the tenant pays to the landlord.

• There will be a proposed Government amendment to resolve the inconsistency resulting from amendments at stage 2. Engagement with MSPs is still ongoing in relation to this issue.

Actions

Officials to check whether there is more information which can be shared with group members around the recent commitment to bring Awaab's Law into force across the rented sector and how this is expected to operate.