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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 17 June 2025
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Displaying 975 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Would you be happy to write to the committee with the outcome of those deliberations?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

So you would fall back on current practice when it comes to what “within a reasonable period” means.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

So you are satisfied that there will not be litigation.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

What is your view on the point that was put to the committee that vagueness in the bill’s language in some places, such as the use in section 5 of the term “within a reasonable period”, will lead to litigation, and that it should be replaced with definite and measurable—although less flexible—timescales such as 30 days? What is your view on that vagueness?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Are you satisfied that oral notice is workable? You have given it thought and you believe that it is workable.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

As you know, a range of representations have been made to us. What is your view of the arguments that have been made to the committee that criticise the proposal to allow tenants to give notice orally when a lease has a term of less than one year?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Thank you—that is very helpful.

What is your view on the argument that the provisions on giving notice in the Sheriff Courts (Scotland) Act 1907 should be reviewed more generally and potentially repealed? Have you considered that?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Okay—thank you.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

So the current practice is what happens now.

What is your view of the arguments of the Scottish Property Federation and the Federation of Small Businesses that section 23(2)(b) should be amended so that the parties to a lease can negotiate a clause whereby the landlord would be required to provide a longer notice period than the tenant? Have you given thought to that, minister?

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 13 May 2025

Katy Clark

Amendment 412 aims to raise the relationship between the condition of a property and the rent that can be charged to enable rent controls to adequately reflect whether a property is in a good condition or a poor condition and to incentivise improvements, but to do so in a way that ensures that the tenant has protection and that there are no unreasonable rent increases.

According to 2023 data from the Scottish house condition survey, 45 per cent of all private rented accommodation in Scotland had disrepair. Measures that allow tenants to seek redress are limited. Private sector accommodation is also among the most energy inefficient in Scotland.

We need to encourage improvements to the stock, but we need to do so in a way that ensures that there will not be unreasonable rent hikes for tenants. My amendment 412 seeks to provide that the rent that is payable under a private residential tenancy in a rent control area would not be increased by more than an amount that is calculated under regulations with reference to

“the quality, state of repair, or energy efficiency of the property”.

I have listened to what the cabinet secretary has said, and I will consider her amendments carefully. Therefore, I do not intend to move amendment 412.