Scottish Housing Bill passes as landlords face rent caps and pets policy changes

Scottish Housing Bill passes as landlords face rent caps and pets policy changes

9:24 AM, 29th November 2024, About A week ago 13

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Scottish landlords could be forced to accept pets in rental properties and face rent controls.

During a debate, Members of the Scottish Parliament (MSPs) voted to pass Stage 1 of the Scottish Housing bill.

The Scottish Housing Bill will allow renters to request permission to keep a pet in their home, and landlords will not be able to unreasonably refuse such requests. Tenants will also have the right to challenge decisions in court.

Under current laws, landlords in Scotland are not legally required to consider tenant requests to keep pets.

Other proposals include a national rent control system which will require local authorities to keep track of conditions in their local private rented sector (PRS), and advise ministers on whether to limit rent increases.

Scottish government looking at a pet CV

According to the Scottish Society for Prevention of Cruelty to Animals (SSPCA), seven out of 10 tenants would risk becoming homeless if they were no longer able to keep their pet in their current accommodation.

Housing Minister Paul McLennan says the Scottish Housing Bill will make it easier for tenants to request a pet.

He said: “Pets are an important part of the family for many people across Scotland. Tenants have the right to feel at home in rented accommodation and having more control over keeping a pet can play a big part in that and can have additional benefits for their mental health and wellbeing.”

Mr McLennan adds the Scottish government is looking at a pet CV which aims to provide detailed information about the animal to help ease landlords’ concerns and give them a better idea of how the pet will fit into the property.

He adds: “Effective guidance will be essential to the successful implementation of these measures as will ensuring landlords are provided with sufficient information to inform their decision to approve or refuse a pet request.

“We will work with tenants, landlords and animal welfare organisations to develop the guidance required including considering the role of a ‘pet CV’.

“In addition, provisions in the Bill provide Scottish Ministers with powers to set out further details that must be provided to the landlord in a request for keeping a pet.

“This will help to ensure that landlords have all the information they need to make a decision on a request. We will consult with tenants, landlords and other relevant groups in making use of this power.”

Rent controls are a failed experiment

The Scottish Housing Bill will also give local authorities the power to cap rent increases.

Mr McLennan said: “As part of the Housing (Scotland) Bill, which includes long-term rent controls, we aim to improve the lives of renters and foster a more affordable, high-quality, and fair private rented sector.

“The Bill also meets the Scottish government’s ambition to improve the renting experience in Scotland, whilst also encouraging landlords to invest.

“We will continue to work to create a system that strengthens renters’ rights and supports continued investment in the rental market.”

In a debate in the Scottish Parliament, Meghan Gallacher, Conservative MSP for Central Scotland, warned that rent controls won’t work and are a failed experiment.

She said: “Rent controls will stifle efforts to deliver more homes for Scotland.”

She quoted the Scottish Association of Landlords figure that 22,000 private rented sector homes have been lost in one year.

Willie Rennie, Liberal Democrat MSP for North East Fife, highlighted that investment in the private rented sector is shrinking as landlords exit the market. He argued that the government must take action to boost supply.

Reaction to Scottish Housing Bill

Timothy Douglas, head of policy and campaigns, says rent controls will do more harm than good.

He said: “Rent controls are not the answer to tackle the housing emergency in Scotland. Increasing the supply of homes to rent, reducing landlord costs and removing the tax burden to buy a property to let will make renting more affordable for tenants.

“Furthermore, the proposals and details for rent control areas in the Bill are limited at best, and offer no clarity for existing agents working with landlords or for new would-be landlords thinking of entering the sector.

“Significant amendments to the legislation are needed if the Scottish government want to raise property standards and make renting more affordable. This must include removing the application of rent control measures between tenancies in order to allow upgrades such as redecorating, replacing furniture, or installing energy-efficient measures to take place.”


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Reluctant Landlord

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10:25 AM, 29th November 2024, About A week ago

Housing Minister Paul McLennan says the Scottish Housing Bill will make it easier for tenants to request a pet.

REQUEST! Tenants seem to believe this means acceptance. It's the tenants that need educating on what this means in practice, not landlords!

Mick Roberts

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11:15 AM, 29th November 2024, About A week ago

Remember when we were allowed to ask for a higher deposit to take pets? And it worked.

My repeated notes on this:

Gees, how simple was it when we could just charge higher deposit for Pet owners and those that did no damage got all money back. So so simple.
No better insurance than the tenants own money.
Now look what Shelter and Generation rent and the Govt have done. Made it MUCH MUCH worse for tenants yet again.
My text below I’ve done before.

Landlords: pets are okay if you pay for extra insurance to cover any damage.
Gov: in that case we will make it illegal to charge extra insurance.
LLs: well then we will have to slightly increase deposits for those with pets.
Gov: in that case we will cap deposits at 5 weeks rent.
LLs: okay well we can’t really allow pets anymore then.
Gov: in that case we will force you to take tenants with pets.
LLs: well then we have no choice but to increase rent across the board even for tenants without pets.
Gov: oh.
Tenants: why is rent so high??

Unbelievable isn't it. If the tenant was allowed to pay a higher deposit to cover potential pet damage. And if the pet caused no damage, tenant gets deposit back, job done.
That way only those that caused damage, ie. 10% would pay for THEIR OWN DAMAGE.
The way Govt have it now is, EVERYONE loses. And now this horrendous reaction of pets now losing their lives.
U would think the Govt and Councils would actually talk to us on ground level to ask what we think. As they ALWAYS get it wrong and us in the actual job get it right cause we doing it day in. day out.

We all know what happened with scrapping Pet deposits and we told em it would happen. Now ALL pet owners pay more rent whereas before, if no damage, no charge. Now an unfair charge on every pet owner. And they've got Shelter and the others to thank for that.
Again this shows Govt interference trying to appease voters, the renters thinks Whey Hey Great! Whereas we know they end up worse off.

We told em this was gonna happen.
If they let Landlords charge a riskier higher deposit just as insurance companies charge more for more risk, then let's say 9 out of 10 pets caused no damage. They'd all get their deposits back. And the 1 out of 10 who did cause damage, they'd be the only one that paid. So all pet owners get houses, 90% get their deposit back. And only the 1 that caused the damage would pay.
As it is now, cause Shelter supported banning higher deposits, Landlords are now charging more rent to ALL pet owners, so ALL pet owners lose. All pet owners pay.
They trying to stop this. So what's gonna happen and is happening? Landlords are just refusing ALL pets. So ALL pet owners suffer. When in reality, it's only 10% that cause the damage.
Landlords know how to rent houses out. Govt doesn't.
I've had £1000 stairs chewed apart by dogs. It's not nice.

And I used to take ALL pet owners. I don't now cause of this Govt interference.

Before the Pet Owner knew straightaway they wasn't having it. Now they get messed about & get told We looking at all applications, when in reality the agent or Landlord ain't taking them. That's what's happening now with DWP UC.

Link to the above https://docs.google.com/document/d/1u54ouYTdNr7WaCPYW18Q_tZdlJr8-VwSUJpE0IcPf5k/edit?usp=drivesdk

Martin Thomas

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11:56 AM, 29th November 2024, About A week ago

Reply to the comment left by Mick Roberts at 29/11/2024 - 11:15
Well said Mick!

Cider Drinker

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13:44 PM, 29th November 2024, About A week ago

I allow pets in my properties and always have.

The last tenant to leave (on death) had dogs and they caused a whole load of damage but nowhere near as much as the tenant caused. Of course, other pet owning tenants are good ones and there’s no damage at any of their properties.

After much expense and many, many hours dealing with the property, it is now sold.

I still have no problem with allowing pets but there is a problem…

… the minimum term of a tenant is reducing from 6 months to (effectively) just two months.

This makes the risk of a tenant leaving the property with pet damage, within just a few months of moving in, much higher. I would be less likely to accept a tenant with pets (a moot point as I’ll never accept a tenant again). I’d also be less likely to include carpets and curtains or anything more than the bare legal minimum.

Not only is there the risk of pet damage, any responsible dog owner will understand that vet’s bills can easily hit 4 figures. Would a tenant default on the rent in order to prioritise the vet’s bill? Or perhaps Labour would like to act as guarantors for every PRS tenancy.

Forcing all landlords to consider allowing pets will see rents rise as the risks increase. Insuring against pet damage is one thing but we should also be able to insist that their pets are insured for vet services?

As for rent controls, maybe these will be good. I never increased rents for over 10 years. With rent controls in place, I’d make sure I increased rents every year to avoid falling too far behind market rates.

In summary, rent controls would mean higher rents for my tenants. Allowing pets would increase rents for many.

Mick Roberts

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16:13 PM, 29th November 2024, About A week ago

Reply to the comment left by Cider Drinker at 29/11/2024 - 13:44
Again Cider Drinker talks absolute sense:
I never increased rents for over 10 years. With rent controls in place, I’d make sure I increased rents every year to avoid falling too far behind market rates.

In summary, rent controls would mean higher rents for my tenants. Allowing pets would increase rents for many.

When will the Govt & Councils come & ask me, u, our tenants, the millions like us that haven't got a problem, are undercharging, used to take anyone, come ask us what can they do to stop us leaving, packing up, not taking risky people any more. Cause our tenants din't have problems, now they have.

Cider Drinker

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18:15 PM, 29th November 2024, About A week ago

Reply to the comment left by Mick Roberts at 29/11/2024 - 16:13
To stop me wishing to quit the landlord business, I’d need my children to want to inherit my properties with tenants in-situ.

This would require…

1. Reversal of S24 (not that it affects me as a retired basic rate taxpayer).

2. Remove the requirement to pay full Council Tax in empty properties. This cost me £1,500 this year as I worked tirelessly to recover a property trashed by a housing benefit tenant.

3. Raise EPCs in the PRS no sooner than other sectors of the housing market.

4. Scrap higher rate SDLT for private rental sector properties. It makes no sense when the property is occupied full-time by somebody as their only PPR.

5. Raise LHA rates annually to the 50th percentile.

6. Restore CGT taper relief. CGT shouldn’t be charged on inflation.

7. Ensure possession claims are decided in one month and completed within 3 months. That is, grant possession (or not) within a calendar month and set a FIXED date for the tenants to vacate within a further 2 months. We need some certainty so we can plan for new tenants or for sale.

Mick Roberts

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8:43 AM, 30th November 2024, About 7 days ago

Reply to the comment left by Cider Drinker at 29/11/2024 - 18:15
Yes, that's the thing. Years ago, we'd have passed our houses down to our kids. My 30 year old daughter doesn't want my houses, she sees the crap they bring. Will my 2 year old Grandson? He may also think too much hassle & I'll be too old to teach him when he's 20 & 25.

Yes we signed up to CGT taper relief when we bought the houses & yet again Govt changes the rules.

Yes this 2 month notice possession Shelter & Generation Rent shout about is absolute Codswallop. We all know it takes a year. And that's if tenant complies.

Cider Drinker

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9:08 AM, 30th November 2024, About 7 days ago

Reply to the comment left by Mick Roberts at 30/11/2024 - 08:43
Mick, it’s not just the amount of time that it takes to gain possession (even if you have a good reason). It’s the uncertainty of when the property can be re-let once possession has been gained.

Void periods are extremely wasteful from a society point of view.

We don’t get void periods when a homeowner moves home. They move into their new property on completion day and, normally, the vendor moves out on the same day. Completion day is when the right of occupancy starts and ends. It’s not like that with rentals.

With rentals, the S8 or S21 will have a proposed ‘completion day’. The tenants might not leave. After a lengthy, stressful and expensive Courts process, the judge orders a new ‘completion day’. The tenants might not leave. Bailiffs are appointed and a third ‘completion day’ is granted. Even then, tenants might not leave if they have a big dog or claim breathing space etc.,

When they do leave, the property may need work to bring to a reasonable standard. All this time, the landlord suffers a void period whilst paying premium insurance for an empty property and full council tax (in my area, at least) and standing charges for utilities. Until the property is ready or almost ready, landlords can’t really offer it to a new tenants.

The cost of void periods needs to be recovered through higher rents.

There needs to be a better system.

Mick Roberts

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15:42 PM, 30th November 2024, About 6 days ago

Reply to the comment left by Cider Drinker at 30/11/2024 - 09:08
Yes,
Court system is awful for sticking to dates.

On non possession, it's amazing how tenants want 2 weeks keeping old & new house at same time cause they want to decorate & take their time.
I've just had 5 way move & sent em all this.

Normally when u buy and sell houses, even 5 in a chain of 5 houses being sold, EVERYONE EACH PERSON has to move in ONE morning, everything has to be pre planned. I hope to giving u all at least 1.5 days.

I'm starting to receive Council Tax bills for all your moves, & got this text ready for next time something like this happens. I'm not gonna' ask for rent this time, but if you can please pay the Council Tax bill for your house u had.
XXX I've just paid £4.62 for 13 Nov (I'll email u it) if you can pay me that back please.
Technically u don't owe it if sticking to the tenancy dates, but morally u do if Landlord was good enough to try to give u more time than normal house sale chains have. Which u all did use wisely. It's awful when u all have to move same day and don't get time to clean both new and old house to your standard.
If I'm giving you time to move, clean old & new house, have old house half a day to 1.5 days while u got the new house, then all I ask is that you pay the Council tax & rent for the two houses at the same time. Council Tax will be approximately £5 a day & rent approx £30 a day. Otherwise I have to fork this out, yet it's for your benefit. Quite happy for u to give house up same day, but many of you want to keep two houses on at same time for at least a day.

Cider Drinker

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11:38 AM, 1st December 2024, About 6 days ago

Reply to the comment left by Mick Roberts at 30/11/2024 - 15:42
I’m not sure if just asking that they volunteer to pay constitutes a breach of the Tenant Fees Act 2019.

I’d play it safe and add the cost to the rent, along with the myriad of other expenses that we need to pay during void periods (e.g., insurance, gas, electricity, water rates).

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