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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 30 April 2025
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Displaying 932 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Thank you.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

There has been criticism in some of the responses to the call for views in relation to section 30(3), which requires landlords to serve irritancy notices to a tenant’s creditor. What are your thoughts on that?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Finally, some have suggested that the transitional provisions are uncertain, or could lead to uncertainty. Do you think that the transitional provisions, as they stand, are likely to lead to uncertainty, or are problematic, or do you feel that, as the previous panel set out, they are perfectly reasonable? Do any of you have a view on that?

11:45  

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

I have some questions on the points that have been raised.

Section 28 allows tenants to withhold payment if the landlord fails to notify them of the United Kingdom address to which termination documents may be sent. What is your position on the views on that that have been expressed in the responses to the call for views?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Some of the responses to the call for views have suggested that the transitional rules are likely to be a source of uncertainty for parties to leases. Could you explain how the transitional provisions in the bill will work with regard to commercial leases that have already been entered into before the bill comes into force?

10:15  

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

I will ask the same question that I put to the previous panel. What is your position on some of the criticisms of section 28 of the bill, which allows tenants to withhold payment if the landlord fails to notify them of their UK address? You probably heard the evidence that David Bartos, on the first panel, gave. Is it right that the landlord should have a UK address? If they have only a registered office or a plaque on the wall, is that pretty meaningless? Do we need to know where the landlord is located?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Sure. Do other witnesses agree with that or have a view?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Some responses made criticism of section 30(3), which requires landlords to serve irritancy notices to a tenant’s creditor. Do any of you have a view on that? Do you agree with the criticisms that have been made?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Do any of the other witnesses have a view on that particular issue?

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 24 April 2025

Katy Clark

As I indicated previously, all of my amendments in this group are probing amendments, which I do not plan to push to the vote today. They were lodged after discussions with Scottish Women’s Aid and are very much aimed at strengthening the requirement in new section 56A of the Housing (Scotland) Act 2001, as inserted by section 45 of the bill, for social housing providers to take account of a domestic abuse policy, to require a review of women’s aid provision and to enable the public debt of domestic abuse survivors—for example, rent arrears—to be written off. I will listen carefully to what the minister has to say today, with a view to considering whether to bring back versions of the amendments at the next stage.

Amendment 1061 requires relevant bodies to ask individuals whom they have reason to believe might be

“homeless or threatened with homelessness”

whether their situation arose as a consequence of either past or on-going experience of abuse.

Amendment 1062 defines abuse—the definition is outlined in the amendment—and amendment 1063 requires the relevant body, where it is informed that a person is threatened with homelessness

“as a consequence of ... having experienced or experiencing abuse”,

to provide details of support to that person.

Amendment 1064 is a wider amendment, in that it expands the range of individuals whom relevant bodies need to respond to, where they believe that they might be threatened with homelessness due to the threat or experience of abuse.

Amendment 1088 calls on Scottish ministers to carry out a review of temporary housing provided to people who have suffered domestic abuse. Such a review would take into account international standards, including treaties that the United Kingdom has perhaps not signed up to, but which are considered international norms—for example, provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.

Amendment 1066 requires Scottish ministers to consult, while amendment 1089 relates to the issue of public debt and the scope of domestic abuse policies, with a particular focus on issues such as writing off the whole or part of rent arrears.

As I have said, I have spoken to these amendments before. I am very much interested in hearing the minister’s views today, but I do not plan to press amendment 1061 or move any others on this occasion.