Cost of Living (Tenant Protection) (Scotland) Act 2022 - proposed extension: statement of reasons

We have prepared this Statement of Reasons to set out why The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (“the extension regulations”) should be made.

3. Stakeholder Engagement

3.1 A formal public consultation exercise on the draft extension regulations has not been undertaken. However, as part of the ongoing review of the continued necessity of the Act and the formal duty to report to Parliament required under the Act, there has been ongoing stakeholder engagement and consultation on the status and operation of the provisions, consideration of any impacts arising from the Act and whether the provisions continue to be necessary. The reporting regime will continue should the extension regulations be approved.

3.2 The first Report was laid before Parliament on 12 January 2023 and reports are due three-monthly thereafter within 14 days of the end of each reporting period, unless there has been a Statement of Reasons laid before Parliament during a reporting period. Accordingly, this Statement of Reasons will remove the need for a report to be laid at the end of the present reporting period (per section 9(8) of the Act). The next formal report will therefore be due by 14 July 2023. The requirement to keep the provisions under review remains ongoing and we will also continue to give consideration to the evidence available to us, with interim updates on the Act being provided as required.

3.3 Detailed stakeholder engagement has been undertaken to arrive at the proposal for extension and this is set out below.

3.4 As part of assessing the continued necessity of these provisions we have engaged with those representing landlords, letting agents and tenants in both the private and social rented sectors as well as Local Authorities, the Scottish Housing Regulator, student accommodation providers and Lenders.

3.5 Scottish Ministers issued a formal call for written evidence to a wide range of rented sector stakeholder groups in respect of the social, private, and student rented sectors representing a range of interests. For the private rented and student accommodation sectors, stakeholders representing landlords' interests were invited to share their views on the impact of the measures on landlords and those involved in the provision of private rental accommodation.

3.6 The call for evidence set out three questions:

  • What has been the impact of these temporary measures on your perception of risk associated with involvement in the rental sector in Scotland?
  • Do you have evidence of behavioural changes as a direct result of the temporary measures coming into force?
  • Is there any other evidence (qualitative or quantitative) you can provide at this stage about the impact of the temporary measures to date?

3.7 Stakeholders representing tenant groups were also invited to share their views on the impact of the measures on tenants across the private and social rented sectors and student accommodation sector. That call for evidence sought responses to the following four questions:

  • Have the temporary measures provided any immediate assistance to tenants?
  • Are you aware of any wider impacts of the provisions on tenants, such as reducing impacts on health and wellbeing due to the additional security being provided by the temporary measures?
  • Do you have evidence of behavioural changes as a direct result of the temporary measures coming into force?
  • Are you aware of any evidence that tenants are experiencing landlords not meeting the terms of the emergency requirements (seeking to increase rent, unlawful evictions etc)?

3.8 A summary of responses to the call for evidence – along with a summary of wider stakeholder engagement - can be found in the 1st report to Parliament on the Act.



Back to top