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The Cost of Living (Tenant Protection) (Scotland) Act 2022 was introduced to provide additional protections to tenants through the worst of the cost of living crisis, and we have always been clear that the measures are timebound and temporary. Prior to the introduction of the Act, private tenants in Scotland already benefitted from some of the strongest protections in the UK, and tenants will continue to benefit from the strong legal protections introduced by The Private Housing (Tenancies) (Scotland) Act 2016. In addition, the Coronavirus (Recovery and Reform) (Scotland) Act 2022 further strengthened tenants’ rights by requiring private landlords who are seeking to evict on the basis of rent arrears, to comply with certain specified actions prior to pursuing eviction. The Tribunal, in assessing the reasonableness of eviction in such cases, is also required to consider the extent to which the landlord complied with these new requirements. This enhanced protection has been in place since 1 October 2022.

In terms of support for tenants regarding housing costs, in 2023-24 we have invested over £83 million in Discretionary Housing Payments; a vital tool to reduce poverty, safeguard tenancies and prevent homelessness. In 2024-25 we will make over £90 million available, mitigating UK Government cuts such as the bedroom tax and benefit cap.

This year’s Programme for Commitment commits to go further to enhance the rights of tenants, and a Housing Bill will be brought to Parliament in this parliamentary year to deliver a New Deal for Tenants.

We are also consulting with stakeholders on the proposed approach to temporarily modifying the rent adjudication process, to prevent unintended consequences when the emergency measures come to an end.

The latest for Scotland show how rents charged by private landlords in Scotland have been rising for more than a decade, and are yet more evidence of the importance of taking action to make rents more affordable. There is no one solution to addressing housing affordability and our work to introduce long term controls as part of the next Housing Bill is one measure being taken forward.

The emergency Act provides Scottish Ministers with the ability to temporarily modify how rent increases referred by a tenant are adjudicated. Any proposed modification would be subject to the approval of the Scottish Parliament. Any changes made to the adjudication process would be intended to smooth the transition out of the rent cap and protect tenants from steep rent increases which could be experienced if there is a sudden move to open market rent from rent levels that have been supressed.

We are currently consulting with stakeholders on the proposed approach to modifying the rent adjudication process and will publish further information in due course.

The emergency Cost of Living (Tenant Protection)(Scotland) Act 2022 placed a temporary pause on the enforcement of evictions to help to reduce the negative impacts on the health and wellbeing of tenants caused by being evicted and/or being made homeless during the cost crisis. However, the Act allows the enforcement of eviction orders to proceed in limited circumstances. This includes cases of anti-social behaviour and criminality, to protect other tenants and the local community, cases of abandonment, to avoid empty properties, and to support landlords who find themselves in financial hardship or facing substantial rent arrears.

Ongoing on the Act shows there has been a limited impact on the number of private landlords seeking to evict a tenant and there is no suggestion that the overall rate of evictions will rise following the expiry of Part 1 of the Act.

Prior to the introduction of the Act, private tenants in Scotland already benefitted from some of the strongest protections in the UK. This includes the strict legal processes that private landlords and their agents must follow to evict a tenant – failure to do so is a criminal offence, and tenants can assert their rights without fear of eviction.

It is vitally important that tenants are made aware of the existing rights afforded to them by the Private Residential Tenancy. Therefore, a key part of our work in advance of the emergency Act coming to an end, will be to raise awareness of those rights with private tenants as we support a transition away from the emergency measures.

No analysis has been carried out in respect of housing or other specific future land uses for unquantifiable potential surplus land and estate disposals. The Scottish Government is required by the Scottish Public Finance Manual to demonstrate best value. In doing so, it continually keeps its estate requirements under review to ensure that staff have the right places to work delivering services to the people of Scotland. Where any Scottish Government owned land or estate is released all options for demonstrating best value in doing so are considered on a case-by case basis.

Of the 105 entries on the Pilot Programme, sixteen Pilot Building Assessment reports have been returned to the Scottish Government for those that are Government led. Remediation of the External Wall System has been completed on one building. No buildings have been removed from the pilot and work is continuing to ensure that all 105 entries in the pilot are on a pathway to an SBA by June 2024.

On Thursday 9 November, during Portfolio Question Time at a Meeting of Parliament, relating to a question on Social Housing Waiting Lists (Support for Local Authorities) I responded to a point made by Mrs Downey MSP, as follows:

“I will make a number of points on that. When I go round speaking to local authorities and housing associations, I find that the biggest barrier to building more houses just now is inflation. Construction inflation has been around 15 to 20 per cent, which has meant that the £3.5 billion budget that we had set aside has effectively been cut in value by £700 million.”

I referenced this effective cut in value of £700 million based on construction inflation figures being between 15 to 20 per cent; 20 per cent of £3.5 billion equating to £700 million.

I refer the member to the answer to question S6W-23762 on 19 December 2023. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at /chamber-and-committees/written-questions-and-answers

In line with its commitment to meet three times a year, the Housing to 2040 Strategic Board has met two further times (29 June and 25 October) since it first met on 22 March 2023.

To date, the low carbon Vacant and Derelict Land Investment Programme has allocated £26,732,792 to 33 projects bringing persistent vacant and derelict land back into use.

The low carbon Vacant and Derelict Land Investment Programme has invested in 33 projects bringing back just over 112 hectares of persistent vacant and derelict land back into use.