Private Renting: Homeless and Vulnerable People

Debate between Alan Meale and Neil Gray

Wednesday 8th February 2017 Westminster Hall

[Neil Gray]

I would not for a minute even begin to suggest that we have all the answers in Scotland, nor that, just because the evidence from organisations such as Crisis suggests that things are going the right way, we cannot do more. Clearly, more can be done. I live near Edinburgh and know the situation there very well, which is a smaller version of what we see here in London. That is why some of the Scottish Government’s interventions, which I will touch on, are directed at that.

If private rented accommodation is to be a viable solution for homeless people, it is clearly imperative that protections are put in place to ensure that it is secure and affordable and provides an acceptable standard of living conditions. I will focus on some of the measures introduced in Scotland in the past decade that help to address some of those issues. In 2006, Scotland was the first part of the UK to introduce a mandatory landlord registration scheme, which we touched on earlier, in terms of licensing. The local authority must be satisfied that the owner of the property and the agent are fit and proper persons to let the residential property before registering them.

Commencement of the Private Housing (Tenancies) (Scotland) Act 2016 will remove the “no fault” grounds for repossession, and should mean that there is no risk of a retaliatory eviction in Scotland. When commenced, that Act will also introduce a new type of tenancy for the private rented sector in Scotland to replace short assured and assured tenancies for all future lets. The new tenancy will be known as a “private residential tenancy”, which will be open ended and will not have a “no fault” ground for possession equivalent to the current notice that can be given under section 33 of the Housing (Scotland) Act 1988.

Finally, the 2016 Act will allow local authorities to implement rent caps in designated areas—“rent pressure zones”; one such zone is in Edinburgh—where there are excessive rent increases. Applications must be made to Scottish Ministers, who will then lay regulations before the Scottish Parliament. Tenants unhappy with the proposed rent increase will also be able to refer a case to a rent officer for adjudication. Each of those rules and pieces of legislation help in different ways to ensure that the private rented sector is up to standard when used as an option for homeless and vulnerable people. There is clearly no point in placing homeless people in privately rented accommodation when it will only lead to an unaffordable rent, unacceptable standard of housing or an insecure tenure.

[Sir Alan Meale (in the Chair)]

Mr Jones, you have literally one minute. I am allowing you to speak only because I did not see your indication that you wanted to do so.