The Cost of Living (Tenant Protection) Scotland Bill was introduced on 3 October 2022 with the intention of:
On 6 September 2022, the Scottish Government announced in its Programme for Government (PFG) that emergency legislation would be introduced to implement a rent freeze for tenants in private rented and social housing and a moratorium on evictions. As the PFG stated:
“We recognise the huge pressures the cost crisis is placing on households, and the particular issues that will be faced by many people who rent their home. Given the UK Government has not as yet provided sufficient support in response to the cost crisis, we are looking at all action we can take within devolved powers to support people in Scotland. As part of this we intend to introduce emergency legislation to protect tenants by freezing rents and imposing a moratorium on evictions until at least 31 March 2023. We also intend to act to prevent immediate rent increases.”
Parliament agreed to treat the Bill as an emergency bill and considered it over three consecutive days. The Committee had no formal role in respect of the Bill but agreed to take evidence on the issues expected to arise in it from the following stakeholders on 4 October 2022:
The Committee also took evidence from the Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights at the same meeting.
The meeting papers (which include written submissions from Citizens’ Advice Scotland, Shelter, and the Scottish Property Federation) and official report are available via the following links—
LGHP Committee Meeting Papers, 4 October 2022
LGHP Committee, Official Report, 4 October 2022
The Bill was passed on 06 October 2022 and became an Act on 27 October 2022.
The Bill gives Ministers temporary power to cap rents for private and social tenants and for student accommodation. The Bill also introduces a moratorium on evictions.
This cap, which applies to in-tenancy rent increases, was initially set at 0% from 6 September 2022 until at least 31 March 2023. Ministers can vary the rent cap while it is in force. Ministers can extend the measures over two further six-month periods.
The Bill requires the Scottish Ministers to prepare and lay a report before the Parliament on whether the rent freeze and evictions moratorium remain necessary and proportionate. The first of these reports must be laid before the Parliament by 31 December 2022 and every three months after that.
The Committee has agreed to consider the review reports when they are laid before Parliament to understand the impact of the Bill and whether it is appropriate for its provisions to be continued. The first of these sessions is expected to occur in January 2023.
Further information will be published on this page when available.