The Scottish Parliament is currently considering a Bill known as Housing (Scotland). This bill is currently at Stage 3 of the Parliamentary process to becoming a law. This proposed law is part of the Scottish Government’s overall Strategy for “Housing to 2040”

The Bill in its current form introduces a large number of changes to the relationship between a Landlord and Tenant. It also sets out a number of provisions on how Rent is controlled.

Rent Control

The Bill introduces the following regarding Rent.

• There is a new requirement for Local Authorities to assess Rent conditions in their area. This assessment must be carried out at least once every 5 years. The Local Authorities must make a report to Scottish Ministers of the Rent conditions in their area. A Local Authority may also make recommendations to a Scottish Minister on if they should introduce a Rent Control area to any or all part of the area of the local authority.
• If a local authority believes there has been a large change in the Rent in their area since their last Rent condition report, then they may undertake an interim report to Scottish Ministers. Scottish Ministers may also direct a local authority to undertake an interim report.
• Scottish Ministers will have the power to impose Rent Control areas which can then place limits on Rent increases.
• Before imposing a Rent Control area, Scottish Ministers must consult with the local authority and relevant representatives of affected Landlords and Tenants in the proposed area.
• A Rent Control area must be reviewed by Scottish Ministers, and if appropriate, revoke the Rent Control area.

Keeping Pets

There is a number of new changes to how Tenants can keep pets in their rented property.

• A Tenant will need to ask a Landlord, in writing, if they can keep a pet at the property (unless the terms of the tenancy mention that they allow pet ownership)
• A Landlord should answer within 42 days of receiving a request.  A Landlord can’t unreasonably refuse the request. If a Landlord doesn’t answer within 42 days, then consent must be assumed to have been denied.
• A Landlord may impose reasonable conditions regarding the pet if they accept the request to allow a pet to stay at the property. These conditions must be given in writing to the Tenant.
• If a Tenant believes the refusal of consent or any of the imposed conditions are unreasonable, then a Tenant may appeal to the First-Tier Tribunal. However a Tenant must inform a Landlord prior to making this appeal.

Altering a property

This section covers when a Tenant wishes to make changes to their rented property

• A tenant can make a Category 1 change to their property without seeking a Landlord’s consent. However if a Tenant wishes to make a Category 2 change, then they may need to seek the Landlord’s consent.
  • A Category 1 change is a minor alteration. Such as hanging pictures/posters on the walls.
  • A Category 2 change is a larger alteration, such as painting the walls.
• A Landlord should answer within 42 days of receiving a Category 2 change request.  A Landlord can’t unreasonably refuse the request. If a Landlord doesn’t answer within 42 days, then consent must be assumed to have been denied.
• If a Tenant wants to make a larger change to the property, such as changing the fittings, this is solely at the Landlord’s discretion and can be refused for any reason.