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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 9 August 2025
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Displaying 1651 contributions

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Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 29 May 2025

Maggie Chapman

Amendments 135B to 135E seek to support and, I hope, improve on Meghan Gallacher’s proposed private rented sector charter. I support the idea of a charter; Meghan’s comments indicate why it is so important. Tenants’ rights are often not clearly outlined, so it is welcome and important to have a charter that simply explains those rights and how tenants can ensure that they are met.

I recognise that Meghan will not move her amendments today. However, I will give the rationale behind the amendments that I have lodged. Amendment 135B would ensure that key standards were included in the charter—they would not be an optional inclusion. Amendment 135C is intended to ensure that the charter would support tenants’ rights as much as possible. Even if we were to vote on Meghan Gallacher’s amendments today, I would not move amendment 135C—as I previously discussed with Meghan, we can tweak its wording.

Amendment 135D would ensure that the charter was consulted on appropriately. The amendment is based on the process that has happened with the social security charter.

Amendment 135E would ensure that the charter was available in accessible formats, such as Braille, so that everybody could read and understand their rights.

13:45  

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 29 May 2025

Maggie Chapman

I know that people will be sad to hear that this is my last amendment to the bill at this stage.

Amendment 515 is an absolutely crucial amendment. We have heard criticisms that the bill does not do enough to increase the supply of homes, which my amendment seeks to address in specific ways. The “Scottish Vacant and Derelict Land Survey 2023” showed that we have over 9,000 hectares of derelict and vacant land in Scotland. Roughly two thirds of vacant and derelict land is used for residential housing, when it is eventually brought into use.

We also have many houses that are not in use. As of 2024, 31,596 homes had been left empty for more than one year. We have a housing crisis, people living in unsuitable accommodation and local authorities suspending social housing allocations as they are needed for temporary accommodation, yet we also have almost 32,000 homes that could be rented or sold for people to live in.

That situation has to change, and my amendment does that. It would allow local authorities to order a property or land that has been left vacant for a specified period to be sold for housing or rented to tenants. That is not a new idea: England’s empty dwelling management orders, which allow privately owned properties to be managed, have been in place for around 20 years. In 2018, the Scottish Land Commission published proposals on that, but the Scottish Government is yet to act on them.

I am very grateful to have Shelter Scotland’s support for my amendment. I am not shying away from the fact that the use of such orders is a complicated area, which is why I have largely left the issue to secondary legislation. I also accept that my amendment might need some tweaks or changes. However, given the statistics that I have outlined and the housing crisis that Mark Griffin and others have mentioned this afternoon, we should be using the bill to send a clear signal that we no longer tolerate houses being left empty for years when people are homeless.

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

The protection would specifically be for the four months over winter—November, December, January and February—so that is clear. I am not saying that it needs to extend to awful weather at other times of the year; it is about winter evictions.

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

How would you respond to the question of there being different protections in other parts of the UK, where there will soon be that 12-month protection—with appropriate exemptions for the issues that you raised, such as the abandonment of property or antisocial behaviour?

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

I understand what the cabinet secretary is saying, but surely a disabled person should not have to go through a tribunal. They should not be put through that additional hurdle in order to have the animal that allows them to function in society living with them. It is another burden and adds more bureaucracy, which we would not ask of somebody who is not disabled, so why are we asking it of somebody who is disabled?

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

I appreciate the potential issue that the cabinet secretary has highlighted, but, surely, the flipside of that is also true: if a landlord does not respond and, therefore, a tenant has assumed refusal, they would have absolutely no way of seeking to appeal or challenge the decision. That is how it is currently presented, although that might not be the intention. A landlord may be happy for a renter to have a pet but there may be reasons why they have not responded to their request. The tenant may think, “They haven’t met the deadline, so I have no options left.”

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

Will the member take an intervention?

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

Amendment 262, in my name, continues on from my amendments on assistance animals in the previous group. It takes the Equality Act 2010 provisions on changes to rental properties for disabled people as the starting point but makes more explicit the fact that changes to make the property accessible should not require explicit approval. The amendment is meant to clarify disabled people’s rights in relation to changes to a property and to stop disabled people having to rely on the provision of section 190 of the Equality Act 2010. Those include changes to make a property wheelchair accessible, changes to create accessible washing and cooking facilities and facilities that relate to assistance animals, and changes that relate to the installation of guardrails, handrails, visual alarms and bells.

As with my previous amendments, these provisions are supported by the Health and Social Care Alliance Scotland, Guide Dogs Scotland and Sight Scotland. I am happy to work with colleagues on the drafting of the amendments ahead of stage 3 to address any concerns that they might have about any of the wording of amendment 262.

Amendment 252, in my name, establishes a right to grow food and plants in outdoor spaces of rented properties. The physical and mental health benefits of gardening and growing your own food are well established, and this amendment would ensure that there should be no undue barriers to renters using outdoor spaces that are part of a property to grow their own food and plants as well as to promote animal and insect life, such as by planting flowers that support pollinators. That kind of action is vital as we are facing a nature emergency, with many of Scotland’s animal, insect and plant species threatened with extinction.

Given that young people in the most deprived areas of Scotland have significantly worse access to play space, the amendment also seeks to make it easier for modest changes to be made to garden and other spaces, so that they can enjoy the benefits of outdoor play.

Turning to the other amendments in the group, I agree that major structural changes should be out of scope, so there is Green support for Edward Mountain’s amendments 176 and 179. However, on his amendment 173, although it would help to smooth the process of tenants gaining approval for changes to a property, requiring all changes to be reversed unless the landlord agrees otherwise might have unintended consequences, including for disabled people who have made accessibility changes. Therefore, I ask Edward Mountain to work with colleagues ahead of stage 3 to address those concerns.

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

Amendment 503 seeks to further reinforce rent controls. As I said previously, we need to ensure that rogue landlords will not chance raising rents above what is legally allowed. That was the rationale for having much higher fines. An additional deterrent would be to remove the landlord from the landlord register if they have flouted rent controls, which is what amendment 503 would enable. I am happy to discuss changes to make the proposal agreeable to the committee, but if we are serious about rent controls, we need to back that with genuine deterrents for landlords who seek to get around them.

Mark Griffin’s amendments would bring more transparency to the private rented sector by requiring more information on the properties let by a landlord to be included in the register. Information on rents would also need to be included, which would support rent controls, as well as broader information for tenants. That is welcome, as it would make the register more accessible to tenants and prospective tenants.

I have a question on amendment 419, which Mark Griffin could perhaps address when he sums up. That amendment would remove landlords from the register unless they re-registered after one year, rather than the current three years. That would improve accessibility for landlords, which we welcome, but there is a question about the burdensome nature of that provision, particularly for local authorities. It would be useful if Mark Griffin could address that issue.

Local Government, Housing and Planning Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 27 May 2025

Maggie Chapman

My amendment 190 addresses two important issues in relation to deposits. The first is the large deposits that so many landlords now require. As rents have skyrocketed, so have deposits. The average rent for a two-bedroom flat in Lothian is ÂŁ1,358 a month. As landlords can ask for up to two months at once, a maximum deposit would be around ÂŁ2,700. That presents a major barrier to securing accommodation for very many renters. As the discretionary housing payments budget is hugely oversubscribed, using that fund to help people to pay overly large deposits is clearly not the best use of a limited pot.

The second part of amendment 190 addresses up-front rent payments. It seeks to make it clear that

“any requirement to pay rent prior to the commencement of a tenancy or to secure ... the tenancy”

in the first place

“is a prohibited requirement.”

I welcome most of the other amendments in the group. Meghan Gallacher’s amendment 130 would require deposits to be paid directly to a deposit protection scheme. That would set up a direct line of communication between tenants and the scheme and make it easier for deposits to be returned. It would also avoid the problems of landlords illegally holding deposits themselves.

Graham Simpson’s amendment 73 would make it easier for people with less connection to the UK to provide a guarantor. We agree with that principle. Pam Duncan-Glancy’s amendment would make it easier for students to provide a guarantor, which we also support.

Paul McLennan’s amendments in the group are broadly welcome, but I seek an assurance that amendment 374 will not make it harder to create new purposes for which unspent deposits may be used. I would appreciate the cabinet secretary addressing that point in her remarks.