In response to the Scottish Government’s consultation on reforms to the private rental sector, Propertymark members had the opportunity to provide feedback to Scottish officials about the Scottish Government’s New Deal for Tenants during a second meeting in December. The first virtual roundtable looked at the proposals for a national system of rent control in Scotland and took place in October.
In December 2021, the Scottish Government published A New Deal for Tenants: Draft Rented Sector Strategy consultation, with an analysis of responses published in August 2022. They are yet to fully respond to the consultation. In September 2023, the Scottish Government published a follow up consultation, A New Deal for Tenants: Rented Sector Reform – Current Proposals, which sets out and seeks views on how the Scottish Government can deliver a new deal for tenants to progress the right to an adequate home and deliver their vision for housing to 2040. In September, the Scottish Government ran a landlord and tenant engagement questionnaire on rented sector reform and Propertymark has coordinated member engagement to provide feedback to the Scottish Government, from a letting agents’ perspective. For the private rented sector, the questionnaire focused on a number of areas other than rent control, including ending a joint tenancy, greater flexibility to personalise a home, greater flexibility to keep a pet and unclaimed tenancy deposits. At Propertymark’s most recent member meeting with Scottish Government officials, feedback was provided:
- Ending a joint-tenancy: Proposal to change existing rules around requiring all tenants in a joint-tenancy to enable one to leave. Proposed that one joint tenant can end their tenancy by providing substantial notice.
Scottish officials responded to Propertymark members’ concerns by stating there are ongoing discussions regarding tenancies ending early if a tenant decides to end their tenancy early as part of a House of Multiple Occupation arrangement, and that there should be time to negotiate when a mutual agreement cannot be reached in the case of domestic abuse victims. They also liked Propertymark’s idea of a standardised form and think the landlord should gain immediate rights to a property following an eviction.
- Personalise a home: Proposals to create two new categories for personalisation, one category where tenants do not need to ask for consent, such as for putting up posters and photos. Second category where a tenant could request but couldn’t be unreasonably refused, with appeals taking place through the first-tier tribunal.
Scottish officials are considering the costs of recovery for returning a property back to its desired state by the landlord may be above the limit on deposits, as Propertymark members are concerned that deposits would be impacted by tenants personalising their homes. They are also considering fixed terms around the state of the property being imposed by the legislation, which Propertymark members support.
- Pets: proposals around landlords not being able to unreasonably able to refuse a pet, changes to deposits and guidance for both landlords and tenants.
Pets will only be allowed in a property if tenants in a multiple property agree to such an arrangement, as Propertymark members seeked clarification from the Scottish Government over what should be considered a reasonable refusal. Scottish officials confirmed that pets causing damage to a property will be considered, as Propertymark members are concerned that pets damaging communal areas may be considered anti-social behaviour. Levels of deposits were also brought up, as Propertymark members stated that substantial deposits may be needed to cover all types of damage, especially any damage pets may cause.
- Unclaimed tenancy deposits: Current legislation does not provide a way to stop deposits from being unclaimed or claiming unclaimed deposits. Legislation would enable unclaimed deposits to be put into use and make changes to the structure of deposit protection schemes.
Propertymark members were happy with efforts to be taken to ensure that tenants’ unclaimed deposits could be claimed.
You can read more about the New Deal For Tenants here: https://www.gov.scot/publications/new-deal-tenants-rented-sector-reform-current-proposals/
