thank you that concludes topical questions the next item of business is a debate on Motion 6178 in the name of Patrick Harvey on cost of living tenant protection Scotland bill at stage one and can I remind members that I will put the question on this motion and the financial resolution immediately after the financial resolution has been moved and can I ask members who wish to speak in this debate to please press their request to speak buttons now and I call on Patrick Harvey to speak to and move the motion up to 16 minutes minister thank you presiding officer I'm very pleased to be able to open today's debate on the introduction of the Scottish government's cost of living tenant protection Scotland Bill and in doing so I want to express my thanks to everybody within government who has worked so hard at an extraordinary Pace to make this possible almost a month ago the first Minister launched this year's program for government which was published in the context of a severe cost crisis a crisis that poses a danger not just to livelihoods but to lives now at that time perhaps we thought it couldn't get much worse but thanks to the frankly astonishing actions of the UK government in the last two weeks it has make no mistake this has the makings of a humanitarian emergency this Parliament doesn't have all the levers we really need to fully tackle this crisis but we are determined to do what we can with the powers we do have to protect those who need it most now tenants have on average lower household incomes higher levels of poverty and are more vulnerable to economic shocks 63 percent of social rented households and 40 percent of private rented households don't have enough savings to cover even a month of income at the poverty line that's compared to 24 of households buying with a mortgage and nine percent who own outright not many households will escape the cost crisis altogether but tenants are just so much more exposed that's why this bill will provide tenants in the private and social rented sectors as well as college and university Halls of residence and purpose-built student accommodation with greater protection the UK government's response to the energy crisis through the energy price guarantee does fall far short of what's needed to help protect people from severe financial hardship and we anticipate that as a result many more tenants will fall into fuel poverty and extreme fuel poverty over this winter tenants don't just need help with their housing and energy costs they need to feel secure at home over the winter now with that context in mind the cost of living Bell has three key aims firstly to protect tenants by stabilizing the housing costs by freezing rents secondly to reduce impact on the health and well-being of tenants caused by being evicted or being made homeless and thirdly to reduce unlawful evictions but in addition to these important measures to protect tenants the government also recognizes that not all landlords are in the same financial position so we include in the bill necessary safeguards which will get them flexibility where it is genuinely needed it's the intention for these Provisions to last until at least 31st of March next year and I'll go through these probations in some detail now first the rain freeze uh yes I'll take an intervention Martin Whitfield I'm very grateful presiding us and I'm very grateful to the minister giving way at this stage one of the impact assessments that rightly has been published is the child rights and wellbeing impact assessment which says the impact of the cost of living crisis particularly on our young people is the minister confident that this document also considers those people who are children I.E under the age of 18 but are in fact tenants through their University or higher education position given their role as still being young people given that the uncrc isn't on the statute boot Gap but the intention is to support the protections they're in Minister the impact assessment does aim to capture these points but uh I'll perhaps if I can take the opportunity to address that in the closing speeches later if that's okay the bill allows for Scottish ministers to set a cap on the level of increase in rent initially at zero percent until the 31st of of March under these proposals ministers will take powers to vary the cap and it will operate separately for the Social and private rented sectors students in College University halls and pbsa will also be protected through a zero percent cap ensuring there'll be no Med tenancy rent increases um this in just a moment this applies to all rent increase notices set on or after the 6th of September and as I've said we recognize that the cost crisis is also impacting on some landlords and while the primary purpose of this legislation is about protecting tenants it's also important to ensure it reflects landlord circumstances so private landlords will be able to make an application to increase rent for limited prescribed and legitimate costs associated with operate offering the property for rent where those costs have increased this will be for 50 of these costs uh or up to 50 and no more than three percent of existing rent those percentages may be varied uh if circumstances justifying I give away Ross McCall thank you presiding officer and uh thank you very much to the government Minister for allowing me to do my first intervention um as a Glasgow MSP I'm sure Mr Harvey will be aware um that the mere mention of this bill has made a significant contraction in the amount of the rental market that there is and that's directly affecting students especially in Glasgow University where they have been reported to be instructed not to even enroll if they can't find accommodation so will the government Minister agree that the real impact of these proposals will actively make it harder for students to rent flats and this will create another barrier to Scotland's deprived young people from a disadvantaged backgrounds and attaining a university education Minister well I I welcome the the member to the chamber I haven't had a chance to say that on the on the record but I do strongly disagree with her suggestion that the situation facing students uh in particular the the new intake of students in Glasgow and Edinburgh is a response to this bill I don't think there's any connection at all um now I mentioned the private rented sector and there are of course critical differences between the private and social rented sectors for social landlords there are already requirements for how rents are consulted on and agreed and tenant participation and consultation uh is uh in red setting is a really valuable part of our current system social landlords are not-for-profit bodies their rents a channel back into quality of homes uh services for tenants and public investment in housing that's why we are working in partnership with the social rented sector to consider the implications of any use of these rent measures after the 31st of March I told Parliament last week and I emphasize again no no decision has been made about any use of these measures after March and any such decision will be informed by dialogue with the sector I'd like to turn now to the um I'll um I'll take an intervention from over here and I'll try and come to my location very grateful to the minister and on that point in terms of what what happens after the 31st of March is the minister giving consideration to whether it might be possible to get rank controls legislation even if it was through temporary emergency legislation and a temporary scheme in place more speedily I rather in months rather than in years Minister well we are working at PACE to get this legislation in place within weeks and we're working in in close dialogue with the the social rented sector and I think there are already good creative ideas coming forward uh about how we'll work together with the sector uh turning to the uh provisions on evictions these measures prevent the enforcement of eviction action in the private and social rented sectors and in college and PBS college and university halls and pbsa except in a number of specified circumstances I'm I'm gonna make a little bit of progress on the eviction measures and I'll I'll let members in in a moment or two once again it's vital that this emergency legislation reflects a range of circumstances that face both tenants and landlords and ensure that responsible landlords do continue to offer properties in the private rented sector recognizing these factors as was the case with the eviction measures in the coronavirus legislation we have allowed for a number of exemptions from the moratorium these are a mixture of existing eviction grounds and new temporary grounds for elections which we've developed this includes allowing evictions in cases of criminal or anti-social Behavior to protect other tenants and Neighbors from behavior that can have a hugely damaging impact on communities in cases where a tenant has abandoned the property in cases of repossession by lenders to ensure that this continued lender confidence in the sector and also in cases where a landlord intends to sell the property or to live in the property specifically to alleviate financial hardship or prevent their own homelessness these last two grounds are new in effect there are existing versions versions of existing grounds but with the important caveat that financial hardship must be demonstrated and we'll work with the tribunal to support implementation of this if Mr Balfour would like to come in in regards to University students if they don't pay the rent but it can't be evicted uh the normal pressure but you'll then are not allowed to set your exams and go on to the next year does this legislation supersede that or which university still have the right to stop people sitting exams and going on to another year if you don't pay the rent Minister well I'm I'm aware that there have been some concerns expressed uh that some and I think a minority of tenants it would it would always be suggested uh might be tempted to stop paying rent even if they can't afford it and that's where I'm going to move on to the the additional ground for eviction which we're exempting from the moratorium we have taken the view that both in the social and private related sectors eviction may still take place in cases where there are substantial rent arrears I want to lay this out in a little more detail because I know some members have concern about it for the private rented sector this means a total value of at or over six months worth of rent arrears and for the social rented sector it means rent areas of 2 250 pounds or more that's around six months worth of average rent in the social rented sector the decision on this has not been an easy one but having considered it at length I'm firmly of the view that this will act as a safeguard both for landlords and for tenants it will allay the concern that a minority of tenants might stop paying the rent even when they can afford it ongoing substantial rent areas can mean a landlord could find it increasingly difficult to offer the property for rent especially when no rent has been paid for a prolonged period but in addition for a tenant facing unsustainable rent areas simply prolonging the situation will only increase their debt and financial insecurity and can trap them with debt that they will never be able to service the protection that a tenant needs in these circumstances is different what they need is direct support and we're already making that support available through discussionary housing payments and through the tenant Grant fund which was introduced in recent years and which more recently has had additional flexibility added to it to allow it to be used for more recently accrued areas not related to covert I give way to Miles breaks Miles Briggs regards to the tenant Grant fund that is a loan so in terms of going forward the ministers intend to provide that um as a grant which would not be paid back to individuals Minister the uh originally under the the initial coronavirus measures there was a tenant hardship Loan Fund there is now a tenant Grant fund that's been the case for some time and I'm going to have to to move on I'm afraid I've taken quite a quite a number um as a result of the changes that Parliament approved back in June uh any uh eviction for rent areas also already has to take into account all of the circumstances of both landlord and tenant as judge to be reasonable by the tribunal or Court and it also has to demonstrate that steps have been taken to help tenants manage or reduce their arrears the bill also contains a provision to ensure that the restriction on the enforcement of an eviction order applies only for a maximum of six months from when the order was issued this applies to individual cases and is separate from the consideration of whether or not the moratorium on evictions will be extended Beyond March 31st these restrictions will apply to all eviction orders granted in proceedings raised after the moratorium comes into force and also apply to proceedings raised Before the bill comes into Force where the eviction notice was served after 6th of September it will not apply to eviction orders granted in proceedings raised before the 6th of September our aim here is to ensure that no one is evicted in a case started after or in response to the announcement of Our intention to introduce an emergency rent freeze presiding officer we know that many private landlords are very professional and support their tenants during the pandemic but we cannot ignore the fact that a small minority will try to circumvent these new protections including by trying to unfairly bring existing tenancies to an end this is an affront both to tenants and to those landlords who follow the rules that's why the bill also makes some vitally important changes to the way in which civil damages can be awarded for unlawful eviction making it more attractive for tenants to challenge an unlawful eviction and receive appropriate damages where one has occurred the provisions introduced today uh replace the basis for assessment of Damages that the tribunal or Court can award to a minimum of three times and a maximum of 36 times the monthly rent though there will be discretion to our water lower amount if that's appropriate in addition the legislation will create reporting requirements where a landlord has been found to have unlawfully evicted a tenant this will act as a strong disincentive to those unethical landlords who would seek to avoid going through the pro the proper legal process I'll now turn to the the measures on rent adjudication this part of the bill looks ahead to a time when hopefully we'll be entering recovery from the cost crisis and are therefore able to transport transactions out of these emergency measures a big concern here is that the lifting of the restrictions could lead to a large number of landlords seeking to increase their rent all at once returning straight to open market rents could result in significant and unmanageable rent increases for tenants and a volatile Market in these circumstances the existing rent adjudication process would not provide an effective mechanism for determining a reasonable rent increase so the bill therefore contains a regulation-making power to temporarily reform the rent adjudication process to support transition out of the emergency measures and to mitigate any unintended consequence from the ending of the cap this power will be subject to the affirmative procedure I'm afraid I do need to finish up in in the next minute or two ensuring that appropriate parliamentary scrutiny is given to the necessity for any temporary changes proposed uh finally presiding officer on the general probations we're seeking to commence The Bell the day after Royal Ascent we propose the flexibility to extend the provisions in part one for two subsequent six months period if Parliament agrees and the powers in part three on rent adjudication will expire at the end of March 24 with the option to be extended by periods of up to one year and there will be powers to suspend and revive the provisions in part one and pose to expire these probations earlier than March 31st and similar to the coronavirus legislation there will be a requirement to review and report on the necessity and proportionality of the provisions in part one and ministers will be ministers will be required to bring forward regulations to suspend or expire any probation that is no longer appropriate so to conclude presiding officer we are bringing forward this emergency legislation in recognition of the fact that people who rent their homes are right now being hardest hit by an extraordinary cost crisis the Bill's primary purpose is to provide the protection necessary for tenants while also recognizing the circumstances of landlords the bill significantly strengthens the protection against unwarranted rent Rises and eviction it sent a strong signal to landlords about the damages that can be awarded for unlawful eviction and it provides a bridge into the longer term reforms that I set out in the New Deal for tenants last December the safeguards in this bill provide a total package of fair and robust measures this is a government which confronts the cost crisis head-on a government which gives people stability in their homes and Assurance about their rents a sharp contrast with those who want to cut taxes for the wealthiest and let Bankers bonuses soar this spelled demonstrates Mr Murphy to use all the powers we have to protect the people of Scotland from these harshest of times let us hope that all of this Parliament will do what's necessary to support tenants I move the motion in my name thank you and I now call on Miles Briggs up to 11 minutes thank you president officer and from the outset of this debate and the passage of the bill through Parliament let me say that I recognize the intentions of the Scottish government to look at how best we can support tenants during the cost of living crisis and from the unprecedented help for energy bills being provided by the UK government people across Scotland are rightly looking at both of Scotland's governments for support to assist individuals and fam families through this difficult period however this bill will do little to increase the incomes of most social housing and private tenants instead it will threaten both the Scottish government's Ambitions on affordable house building and climate change as well as the actual ability of housing associations and private landlords to provide their tenants with exactly the type of targeted support that is required during these difficult times now we on these benches would have welcomed the opportunity to actually discuss workable policies with the Scottish government a 15-minute meeting with the minister after the bill was published and the emergency use of this legislation to Railroad the bill through Parliament has not presented that opportunity and I think for most people in the sector they do find that and will have a negative impact on what going forward private and social landlords should have been brought round the table to discuss policies arrange rent stabilization for example and the further use and development of the tenants Charter instead they have been left in the dark and now face an uncertain future with the significant unintended consequences this bill presents presiding officer this yes yeah Minister I'm I'm sure the member will appreciate that while many landlords would not have behaved in this way there would be a great number who if the information had come out that we were intending to do this and consulted on it would have gone for an immediate rent increase as much as they could get away with surely he is aware of his constituents seeking 10 20 30 40 rent increases we should not have decided to do this in a way which have exacerbated that problem Miles Briggs I'm not sure the minister understands his own bill because it's back dated to September and the extensions which is outlined mean that this will be going forward with two eggs two uh up to 18 months there's now been outlined so I think the minister probably needs to rethink that because the Scottish housing market is complex especially here in the capital we all rely on mixed housing on the mixed housing market to provide the homes Scotland needs now and in the future so this decision by SMP green ministers has been made without any consultation with the sector and will have consequences in Scotland we have never had government rank controls in the social sector housing associations are rightly independent organizations and have been able to set rents each year taking into account tenant feedback affordability and resources required to invest in maintaining properties and buildings and and building the much needed Homes at which the government have also failed to achieve the impact of this bill is therefore worrying as it goes against the historical position and brings in the real possibility of wider rent controls for the sector shattering the confidence in the sector to take forward investment in new affordable home building building programs as well as the very real Prospect now of private landlords removing private rented properties from the market in the coming years for housing associations and for private landlords this bill now presents a real risk of hundreds of millions of pounds of lost income and the need to rewrite their future business plans scrapping investment in new affordable home builds not to mention undermining of budgets in relation to Energy Efficiency and decarbonization for Net Zero both key government targets specifically the responsibility of the minister which will be impacted now this bill has already had significant impact on the potential delivery of new homes in Scotland and is going to be much harder for housing associations to plan ahead if they're able to do that now lenders may be nervous around lending or lend at higher margins as confidence over future rental income introduces a risk that has not been there in Scotland historically we've had lower rents in Scotland this bill will undoubtedly therefore trigger a Slowdown in the building and construction of affordable homes in Scotland and could trigger a wider downturn in the construction industry at the very worst possible time for our economy presiding officer just a few short months ago yes happy to company secretary I think that the rise in interest rates um that is a direct uh cause or effect of the many budget of his government um that has sent mortgage rates spiraling do you think that that might have an impact on landlords of all uh social and the private rented sector and indeed their investment plans does he think that might have had an impact on their business clients going forward I think the minister needs to look at inflation across the Eurozone but more specifically as well looking at where no but looking just just a few short months ago both the ministers sitting here like kind of Mr Briggs if you could resume your seat a second um we've got a bit of time in hand and so anybody wants to make an intervention and she'd stand up and ask to make an intervention rather than holler it across the chamber marsburg to give you the time officer and of course just a few short months ago SNP and green ministers in fact the two ministers sitting on the front bench we're describing Labor's proposals around rent-free schemes as unworkable and that they would heighten the risk of eviction for tenants no your bill your bill will include opportunities which will be also leading to that and I think that's where ministers need to be clear because let's look at Ireland where similarly similar policy has resulted in a 30 increase in homelessness we've already seen and do see here in Scotland and in Edinburgh a record number of people living in temporary accommodation in Scotland this bill has the potential to supercharge the housing crisis in Scotland with fewer private tenancies being made available fewer new affordable homes being built and The Ripping up of the very tenants rights framework work which we hear ministers want to see protect tenants for example the circumventing of local Authority rent setting processes will not over not only override the statutory responsibilities of elected members but also local processes currently in place for tenants to actually have a constructive opportunity to have their say and input into rent settings and negotiations representing officer there's a real and growing concern in the Scottish housing sector around unintended consequences of the bill and I hope the minister heard that committee this morning we're already seeing the impacts on students as has been outlined by members with both Glasgow and Sterling universities telling students not to matriculate unless they have secured accommodation one of the key aspects is unintended consequences fewer rented private rented properties try to link the issues and student accommodation which happened last year and the year before with this bill when this no one knew anything about this well at the time it has absolutely nothing to do with it and it's absolutely ridiculous that you would try and Link the two Miles Briggs bill will make the situation worse cabinet secretary you and your government have presided over 15 years of this housing crisis and this will supercharge it now years years to come the situation can only get worse for students if there are fewer private rented properties available and that is clearly going to be the impact of this bill China officer it is clear that what we have seen already from this s p green government is is likely to use its majority in Parliament to push this legislation through without listening to genuine concerns or accepting amendments Scottish conservatives will look to bring common sense and safeguards to this bill and ask for actually key sectors such as the social and charitable housing associations for their concern to be put within this bill because that is vitally important we also want to see additional resources for tribunals who will now be tasked with this extra work and also what is key to this going forward in the minister didn't really outline this in any detail is incorporation of robust planning and monitoring of the potential negative impacts of this bill that is going to be critical it is also not clear how long ministers actually intend to freeze rents or keep in place rent controls beyond what the first Minister described as the March the 31st state therefore we need to see that time limitation put in place what mitigation measures are also going to be provided for social and private landlords to conclude presiding officer the process which this bill has been introduced under has been unacceptable and flawed and also looked to bypass any real in-depth scrutiny that Parliament could bring to it and the Very organizations it will impact not being able to also be part of this conversation SMP green and labor msps are about to use Scotland as a guinea pig and undermine the foundations of Scotland's housing market signing officer International rent control schemes demonstrate the negative impact which rent controls can have and indeed the long-term negative consequences this will have on our Scottish mixed housing market we know how this will end fewer private lets a slumping building affordable home increased rents for future tenants and students unable to secure vital accommodation to go and study at University SMP green and labor msps will be directly to blame for this significant damage done to our housing sector the greater housing crisis which will come from this will be at their desks and I hope that they will also make sure that people of Scotland hold them accountable for their actions a few Mr Briggs I now call on Mark Griffin to open for the labor party for around nine minutes please Mr thank you appreciate also draw members attention to my register of Interest which shows I'm an owner of our rental property in North Hampshire Council area and labor will be supporting the emergency legislation this week we want to see this rent freeze and moratorium on evictions on the statute boots without delay in fact we wanted to see it happen months ago when we called for emergency legislation in the summer we did so because we know that the government has the powers to help people Batman with living costs and even if it has taken months to get to this point we welcome the change of heart within the SMP green government and it goes without saying that thousands upon thousands will struggle to heat their homes or keep a roof over their head this winter people who are previously just managing find themselves pushed to the brink with repeated Financial shocks these are extraordinary times that have been made worse by the economic chaos Unleashed by their Tories after this legislation was announced that chaos will make this winter longer and harder than any of us expected just weeks ago and the blame moved rightly be at the door of the conservatives for the sky-high interest rates that we see pushing up people's bills right now Foods heating bills fuel costs and of course filing and rent keep going in One Direction and that is up I'll take the intervention Liam care if I remind the chamber that I do have a rental property uh like the speaker and the member talks about heating over the winter now the fabric and structure of housing is going to be key to the heating and to the health and well-being the minister talked about earlier now one Housing Association wrote to me saying a rent freeze means associations will have to cut back on Improvement and maintenance programs how does the member suggest that housing associations raise the money to keep those going Mark Griffin as the member that helped me in the chamber of the last six months so I heard me repeatedly calling in the government potentially as many homes as they possibly could before the winter but similarly housing associations have said that they are able to manage their existing programs up until the 31st of March and Scottish labor will be table in an amendment to make sure there is additional funding provided for social landlords if the the freeze goes beyond that they to provide tenants and those associations with assurance that no capital investment programs will be effective and I look forward to the members support on that Amendment it could just make a better progress and my colleague Mercedes villaloba made the case for an immediate rent freeze back before we broke for summer recess because it then even then it was increasingly the only solution to offer tenants temporary respite from the escalating crisis that we see right now but at the time it seemed like the government didn't want to listen to that evidence how they backed those proposals back in June this rent place rent trees could have been in place months ago indeed if members of the government had backed Pauline McNeil's bill in the previous session we could have seen far more support for Scotland's tenants in May citizens advice Scotland reported that concerns around landlords increasing when was eight times higher now than it was at the start of the pandemic in June the ons reported that private rental prices were grown at their fastest rate since 2012 and during the the passage of the coronavirus recovery Bill Mercedes villawa told Parliament told members of that committee what members of living rent were reporting a tenant whose landlord increased their rent by 300 pounds with no reason they were forced to leave another landlord decided he could raise the rent by a hundred pounds to 900 just have another just by having a look at the average rents on the street another with a pregnant wife living on a top floor flat with nicotine saturated carpets whose landlords increased the rent by 150 pounds because he and I quote could not be expected to stand still while the market moves on talking about people's homes that'll take the sort of take the intervention from Mr Mountain first Edward Mountain I thank the member for taking my intervention and I too have rental properties under the Housing Act uh sorry the rentac 1984 the Housing Act uh 1988 and the 2016 act every tenant can appeal a rent rise and it would be much simpler if this government had given a determination that no fair rents would be set until this had been consulted on which would have meant that this legislation wouldn't be required to be emergency legislation does the member agree with me that that would have been a better way of resolving this and given the parliament time to discuss this really important issue Mark Griffin I can give you the time back for both those intervictions it's like you're saying officer I mean I think that is that is a proposal that that holds me in it but I think rather than talking about limiting the rent rise that experience the tenants experience and this extremely difficult time that actually a rent rise of zero percent is far far better for Scotland's tenants than any rise at all most support people so that winter which is why we called for it months and months and months ago but the the government were ready to turn a blind eye to those calls we heard the the usual excuses from ministers and government members back then that amendments weren't competent they'd be subject to Legal challenge that government hadn't consulted that they would in fact in fact push up rent so those were excuses that have been Advanced by the government months ago to dismiss and laborers campaign for a rent freeze but now and seemed to be accepted as absolute nonsense but I'll give we Minister I'm grateful to the member for giving away to put this in in the kindest possible tone surely the member can see some slight differences between what was proposed as a an amendment to the coronavirus recovery and reform Bill and near blanket two-year uh rent freeze with very little legal justification offered and the much more substantive well-worked-up proposal that's before the chamber this week Mark Griffin but I mean the justification for it was a severe hardship that tenants were and are facing which is why the government have acted so it does seem like the moves that labor made were Justified but it clearly was an opening end point it was an invitation to government to get around the table and discuss how we seriously Implement measures like that and instead of just preparing the idea and then coming back once later to claim it as their own they could have worked constructively they could have included my colleague Mercedes Val album in this whole process and everyone would have been a lot better place before that but Precision officer has taken a month 30 and it's to have sight of the detail we will continue to scrutinize the content of the bill to ensure that there is the flexibility to deal with in the crisis in a long term will Garden against any potential unintended consequences and because there there does remain a very real threat of more unmanageable arrears and homelessness after the moratorium ends and it's not a feature of this bill but we would Dodge the government to renew the tenant grant for um funding urgently and a welcome Provisions to review and report on measures and for Parliament to then come back and agree to whether to extend or or in those powers likewise new verification processes and protections against the evictions are badly needed but I think communication about the cap the moratorium and the right to those protections as key rent better reported in May that there's a lack of confidence and some would see actual fear in residents exercising their rights due to the potential repercussions of rent increases or losing their home so labor will be drafting at a moment to put a duty on the government to write to all registered landlords and tenanted properties providing advice and information about the provisions and look forward to and sharing that with the government and having discussion on that and but the fact Still Remains though that rents will continue to rise between tenancies at what look like increasingly higher rates and that actually rents will rise in tenancies right now until the 5th of December now there is a contrast between what the first Minister said in her statement in the program for government that and I think she said the Practical effect of her statement was that rents would be frozen immediately there is a gap between that record and what will happen in practice and rents will not be frozen until the 5th of December due to notice he's been issues in advance of the 6th of September still having a three-month notice um period and that is confirmed by the policy memorandum but in closing presiding officer I want to to highlight what the social sector include an sfha kosler local housing conveners and housing associations have alerted committee and parliamentarians too that the risk of a freeze in next year to the affordable house building and delivery and maintenance programs last week I visited tenants and staff at Auburn Hill housing association's new Aspen Place development and new warm affordable homes that we need to see many tens of thousands more of and they told me about the financial implications of our rent freeze for next year upwards of a hundred thousand pounds lost from the business that would mean canceling all investment plans for 23 24 and 24 25 plans worth nearly 400 000 pounds including kitchen bathrooms and heating upgrades now given that 1710 social tenants get housing benefit or Universal Credit the majority of social tenants won't benefit from a freeze but we'll look at we'll lose out in a lack of investment in their home I think where rent is paid by the UK government so as um so are the increase and modeling on a three percent rent rise for next year that would mean that 30 million pounds would be lost to the housing sector and go back to the UK and Treasury the regulator itself puts the cost to the whole sector at 50 million pounds and rising to 230 million pounds by March 2027 and that clearly would put at risk in the 110 000 affordable homes and all the other measures that and we would like to see as part of those investment programs and I would ask if ministers would be able to fill that black hole if they were to continue the the rent freeze into the following year representing officer this is not a Panacea it doesn't make for a long-term solution for that housing policy in Scotland needs fundamental reform reform we need to build far more houses and this even though we'll very welcome the short term should not get in the way of that thank you thank you very much indeed Mr Griffin and I call on Willie Rennie for around six minutes Mr Remy thank you Deputy presiding officer it's right for the government to take the emergency steps in an emergency and this is certainly an emergency it's extraordinary the cost of living pressures and they've been exacerbated by a reckless conservative government but I want to make a an appeal to the minister today we will support the bill at stage one but we are opposed to the inclusion of social rented properties in the rent freeze and we're also concerned about the inclusion of mid-market rental properties as well those homes are already subject to a form of rent controls so I don't think it would be right to impose another set of controls with a freeze that would undermine the fine judgments involved in setting those rents by housing associations councils and Charities those fine judgments means social rents are about half those in the private sector whilst also funding proper maintenance and house building programs and those fine judgments enable the councils housing associations and Charities to modernize the homes make them more energy efficient meet their climate change obligations and build new properties for the thousands of people desperate for a home and finally those fine judgments will allow for targeted funds to be available to help those struggling to pay the rent so let's not undermine all those fine judgments that have what well for decades let's stick with what works well well over half of all the properties in the social sector are occupied by tenants who pay their rent through Universal Credit in care and Housing Association it's 60 in Kingdom it's 70 percent those people won't benefit from a freeze there won't be any more money in their pocket the treasury keeps the money depriving the Scottish economy of important revenue and undermining those house building programs with this targeted support and the Universal Credit rental payments is the rent freeze for the Social and mid-market sector really worth it when it could undermine the house house building maintenance and climate change programs yes certainly minister full to the member for giving way he will have heard me I think two or three times now during the debate make it clear that we have not yet made decisions about what would happen after the end of the 31st of March and in the period before that there is no direct impact on the rental income for social housing does he accept that we are working in good faith and are having constructive dialogue already with the social housing sector to understand all of the issues important issues that he raises well Iranian again I can give you the time back I I do I do accept what the minister says but there's a point of principle here about how the rents are set the rents have been set for Generations working in Partnership between the tenants and their landlords in the social sector it's what will it's delivered rents that are half of what they are in the private sector so I don't understand why we're seeking to undermine that process even though we've got a cost of living pressures involved because of all the other negative impacts and because of all the Universal Credit and special targeted payments but his point about it's not going to impact the sector until potentially after March and it hasn't made any decisions about that either that leads to the uncertainty because there is uncertainty in the sector about how they're going to project for the next 20 30 years with the house building programs even if it's only six months it interrupts that flow of decision making it will apply for six months but it may last for much longer the minister hasn't ruled out I do accept he's talking to the sector but we don't absolutely know that there won't be controls after March next year so how can the bodies plan for the future when it's unclear what the government policy will be there must be more stable policy environment if housing decision makers are to reach the best possible conclusions the uncertainty also limits the council's Charities and housing associations from having meaningful discussions about rent levels post-match 31st utilizing their well-tried tenant consultation processes and I know the minister has indicated that consultation and debate and discussion can be had ad but how can you have a discussion about that when you don't know whether you're going to be under a rent freeze post the 31st of March the minister indicates that discussions can be had but they will be very limiting look at what the housing associations have been telling us Cairn Housing Association say that we are already making decisions to significantly reduce our planned investment program of improvements to tenants housing this will mean fewer new kitchens fewer new bathrooms and reduce programs of Windows and Roofing works we are also now having to consider postponing or canceling major planned modernization projects such as major renovation of the sheltered retirement schemes Ken is a registered social landlord is a not-for-profit charity it grew out of the royal British region housing arm in 1989 the good people with a social conscience why are we trying to fix them they've gone on we are in the middle of delivering 500 new homes in a program as a direct result of the rent freeze announcement we are actively considering postponing on counseling a number of new build schemes to protect our cash position that can't be right that this Housing Association is considering canceling the new build program I do sense a real anxiety in the social sector despite the positive discussions the minister has had in my own area in Kingdom Housing Association they say the impact of a rent freeze or a rent cap will remove our ability to financially manage our business plans and will have an impact through unintended consequences related to the reduction in and our provision of new homes the Pharaoh of planned maintenance Works restrictions on our ability to provide enhanced Net Zero and Innovation investment and most importantly result in a potential reduction in Service delivery standards to tenants and removal of enhanced added value services that we provide it can't be right the good Housing Association like that are considering even considering measures like this and that's why I hope tomorrow in the stage two that the minister will be open to amendments that I'll be putting forward are going to provide a number of different opportunities for the minister to recognize that the social sector the charity sector and councils are different they have a different regime they have rent controls of sort in place already it's well tried and tested systems they have rents that are half the private sector why they've been lumped in with this process I simply do not understand and that's why I hope the minister will be open to consideration of these amendments so we can end up with a bill that perhaps works that helps the people who are desperate for help at this time to make sure we can deal with the cost of living crisis not undermine the good work that housing associations councils and Charities have done for team thank you Mr any we now move to the open debate and I call First Elena whitam to be followed by Stephen care for around six minutes in Sweden thank you presenting officer to today we see a clear evidence that our Parliament can act quickly to bring about protections for those who rent their homes during a time when we are seeing the cost of living spiraling in action in another place should not be replicated here and good ideas across political lines can and should be embraced where possible as collectively we should aim to make the lives of those who live in Scotland better I spent years working in and around the housing and homelessness sectors and in amongst the dargan the spreadsheets the HRA accounts the bureaucracy people the tenants can often be forgotten the pandemic and now this cost of this cost crisis have put people back into sharp Focus during the hey of the pandemic I was still a counselor and causeless housing spokesperson and we saw a surge in action to get people into accommodation to prevent evictions and to mobilize the entire sector to work collectively to ensure people and communities were safe from the clear and present danger presiding officer we need to see this cost of living crisis and the same light as the pandemic a clear and present danger to well-being yes there well I'm having a menopausal moment but I will try and and deal with it as best I can Jeremy Balfour I'm confident the member will deal with it very well but I kind of ask her what advice did she give to the landlord who has a mortgage and that mortgage goes up a Ministry next six months how did she pay his mortgage or are we just simply going to end up with people having to be evicted because the landlord can't afford to pay the mortgage Eleanor with him thanks very much I'm Jeremy Balfour for that intervention and because it allows me to actually turn that Focus back around on why we have spiraling inflation and mortgages are actually hitting a point where it might be unsustainable for some landlords and I think within the provision or in the bill we see that there you know if landlords are facing a situation where they cannot afford the increases there's protections within it for them and I think they have lessened I think we can see that they have lessened um to the private landlord's action people are experiencing a contraction in the incomes the likes of which most of us have never experienced before sure many of us might have come through the financial crash of 2008 but our food and energy bills had not skyrocketed the alarming extent that we're seeing now and our income certainly at that point had yet to suffer a decade of austerity we know that those who rent their property are disproportionately spending a large part of their income on rent and have overall lower incomes those who are in the private rental sector pay a significantly higher percentage of their income on rent and this can be much higher if the local housing allowance does not cover all of their housing costs due to local pressures meaning they will be required to use some of their Universal Credit towards rent add this to the disproportionately large increases to living costs for those with limited incomes and we are dealing with an impending crisis over the winter months and I'll take one more yeah let me go Liam care I'm very grateful and I respect the members experience in this area and I wonder given that what we've seen throughout this process is evidence from places where rent freezes have been tried suggests that the policy can create housing shortages I wonder does the member have any evidence to suggest that the experience will be any different in Scotland Eleanor Whitman can give you the time back thanks very much Deputy presenting officer I think we could always um cherry pick the evidence that we that we choose and I think we have to look wider than perhaps just immediate neighbors onto the continent of Europe because there's a lot of places in Europe that have quite stringent rent controls and a really buoyant and private rented sector so I think we can't just look for the the you know um ones that we choose to because they suit our narrative so I would urge the member to actually have a look at that um in his own time social justice and anti-poverty campaigner Jack Monroe who is the bootstrap cook Drew attention to author Terry pratchett's concept of the boots theory of socio-economic unfairness according to desk World character Sam Vines the reason the rich are so rich Vines reasoned was because they managed to spend less money wrote Pratchett take boots for example he said a really good pair of leather boots cost about fifty dollars but an affordable pair of boots which are sort of okay for a season or two but then leaked like hell when the cardboard gave out cost about ten dollars someone who could afford fifty dollars had a pair of boots that'd still be keeping their feet dry in 10 years time whilst a per person who could only afford cheap boots would have spent a hundred dollars on boots in the same time and still have wet feet Deputy presenting officer with the rent increases in the private rental sector of up to 40 percent and the recent past Scotland's tenants Feats are ringing this evaluation of socioeconomic unfairness is hugely pertinent today as we see our most vulnerable bear the brunt of austerity and frankly economically illiterate fiscal events in another place and why it is right that we have this bill before us today that seeks to place a cap on rent to zero percent and reintroduces the moratorium on evictions until the end of March 2023.
folk with the least are paying the most for Essentials as a percentage of their income women those with disabilities and from black and minority ethnic communities are facing the starkest of choices and it is incumbent Upon Us in this place to ensure they do not face rent increases that could lead to homelessness during a cost of living crisis this is a humanitarian crisis in every single Community nowhere else the Scottish government does have not have control over energy or inflation it has sought to mitigate the worst effects within a largely limited budget to the chin of three billion pounds every single year and with these emergency measures increases to the tenant Grant fund and discretionary housing payments along West the member just winding up yeah sorry along with flexibilities to allow cost of living and fuel poverty issues to be considered this means there's support for those who cannot afford to cover all of their housing costs at this time it's vital that these funds are publicized and maximized every opportunity along with the Scottish welfare fund and I welcome Mark Griffin's um suggestion that we write out to all registered landlords to make sure that they do that with regards to the proportionate measures set out to protect landlords facing financial difficulties I would also ask that we work to ensure where a landlord needs to sell their property they are supported to do so with a sitting tenant and that ever appropriate local authorities also and also register social landlords consider buying back as many as they're able to this would also protect the tenant to potentially live in their home without disruption preserving officer housing is about much more than bricks and mortar it is about feeling safe and secure it is about well-being and warmth and I look forward to the substantive housing Bill to come but in this immediate emergency situation right now I urge members to support the Bell thank you [Applause] whatever the intentions of this bill it is very hard to escape the conclusion that this is SMP green grandstanding this um SMP green coalition government are treating this Parliament with contempt for the sake of a headline this is a bill that will create homelessness it's Reckless and it's certainly not evidence-led policy any truncation of the legislative process is bound to mean that scrutiny is not what it should be especially given the consequences what will flow from the enactment of this flawed Bill Mark the warnings of the expert voices in the sector they could not be clearer and deep down I can't help believe Deputy presiding officer that the more thoughtful members of the SNP and labor know the grave concerns being raised from the sector are well grounded as was cited by Willie Rainey in the evidence of the Karen housing group I will Minister I'm grateful to the member he mentions expats in the sector does he accept that tenants are expats in how the rented sector works and that tenant organizations have been crying out with us Stephen care of course I accept that tenants very important part of the of the rental housing market but listen to the consequences that are going to flow from this piece of flawed legislation I will Michelle Thompson lack of scrutiny does that mean now he regrets The Rush of Blood to the Head of his story Chancellor and the impact it's had on costs for housing providers Stephen Curry and give you the time back for his intervention what that's got to do with this bill I can't can't possibly answer for the logic that drives that kind of political Point scoring for the sake of it not only are the SNP treating this Parliament with contempt but I put it to the chamber they're also treating the tenants and students across Scotland with contempt by pushing through a policy which international Case Study after international Case Study shows does not work and it doesn't work as it reduces the supply of rented accommodation increases the likelihood of homeless it doesn't work it reduces the maintenance of properties and increases the number of tenants and students living in lower quality accommodation it doesn't work because it reduces the incentive for landlords to invest in their properties to improve Energy Efficiency increasing the energy bills of tenants and students and increasing the difficulty of reaching our Net Zero targets all of this at the time when the rental market is already shrinking Joe Mason I think the members were giving weight would he accept there's at least some landlords have not just been increasing rent to match their costs but have been increasing rent to make a super profit Stephen care well I'm talking about the evidence of the General market situation if there are specific examples that the members are aware of where that kind of Ruthless landlord exists then I'm sure something can be done about that but this is to take a sledgehammer to crack that particular nut now at the same time Scotland's University's funding from the S P Green Scottish government is being cut in real terms this is a time when Scotland's universities are being bailed out effectively by fee paying International students and housing is already being squeezed it's already been mentioned it's students at Glasgow University be encouraged to withdraw from their courses or to the fair a year of their study students being forced to take up accommodation 30 miles away from their place of study and my friend Miles Briggs mentioned the example of the Irish case study the Irish economic and social Research Institute and the Irish Department of Housing have both stated categorically that whatever the benefits that are promised around these policies are they say quote these measures come with supply-side Health warnings they have been shown to lower investment and maintenance in buildings and lower overall Rental Supply our friends in the Republic of Ireland also don't need to look at International examples to determine how disastrous wet policy rent controls are they're living with them they introduced them in 2016 and the Irish have seen a number of homes available to rent plummet and as of August this year only 716 homes were available to rent in a country with a population of 5.1 million people a byproduct of this shocking increase is homelessness again according to the Department of Housing figures in July this year in Ireland there were 10 668 adults and children who were homeless across the Republic of Ireland this is a record high a 30 percent increase on the homeless figure since May 2021 it's just not and it's not just Ireland the abhorrent consequences of rent control can be seen clearly in any city or country that has introduced from Stockholm the average wait time for rent controlled Apartments is now over nine years the introduction of rain controls in New York led to more than 125 000 people being almost in California over a hundred thousand people so we have University Scott the minister shaking he said but we have University Scotland's response to the bill and their warning of unpalatable unintended consequences first University of Scotland makes a point that it is already acted to protect students for the next academic year as rent including bills such as electricity are fixed for the next academic year so will not increase regardless of inflation or changes to gasoline electricity prices second if the rent freeze lasts more than six months it could mean that the cost of running student accommodation will become financially unviable putting jobs at risk and reducing further reducing Supply so this is from University of Scotland third and I asked the minister to make the government's position very clear on this point University of Scotland state that banning eviction would put students at risk if universities are unable to evict an individual whom they believe poses a risk of sexual or physical violence to other students I'm willing to take an intervention Minister I'm grateful the member will be well aware that as with the temporary restrictions under the coronavirus legislation criminal and anti-social behavior and that's not just criminal antisocial Behavior as well is very clearly Exempted from the moratorium on elections just as it was in the previous emergency legislation Stephen can be grateful if an individual to wind up please if an individual is believed to pose a risk in terms of sexual or physical violence they can be evicted is that what the minister is saying can you shake your head minister well that is not that is not what I'm asking so I think we need some clarification from the minister or not from you this is what university Scotland are asking if the universities I'm sorry to indulge the patients of the Deputy presiding officer fourth if the minister if the universities can't ask students to depart accommodation on terms agreed then this will prove vitally important Revenue generating some events at risk we'll also put a risk accommodation for the following academic Years first year student intake that's a very important consideration and finally University of Scotland believe that the focus should be on long-term strategy and not on this emergency bill that has had so little and so little strategy I think the minister should deal with each of these concerns expressed by University of Scotland in in in his or her response to this debate and at that I will conclude very grateful Mr Kirk I know called Paul McLennan to be followed by Richard Leonard for in six minutes thank you for saying officer and my fair members to my register interests I own a rental property and he slowed in this week has challenged poverty week and this is exactly why we are here today with this bill being brought forward this year week is a long time in politics it's an old saying but still so true just ask was he courting the cost of living crisis has been building for a long period of time and it's hitting the poorest in our community again that's why we're here today of course the Russian invasion of Ukraine has exacerbated issue in terms of inflationary pressure but those pressures were there before then the place energy cap it was set on average two and a half thousand that reminded it was 1100 in 2019.
However the two and a half thousand is an average not a limit maybe somebody should tell let's trust that too recent studies show that 25 of people in Scotland and up to 35 percent of single parent families will not be putting the heating on this year for context that's 25 000 residents in East London 72 percent of residents are projected to be in fuel poverty in Scotland this winter that's over 70 000 residents in East Lothian rental costs are usually the biggest costs for everyone inflation is projected by some commentators to rise to 22 and that's the fall of UK government believe me and food inflation at the moment is forecast around about 13 percent she makes a point about inflation and then tries to blame the UK government exclusively is the UK government also responsible for inflation rate in Germany of 10 the EU 10.1 Australia Austria 10.5 Belgium 11.27 Grace 11.4 Netherlands 12 Romania 15.3 Hungary 15.6 Poland 17.7 is the UK government also responsible for that inflation no it's not Mr care but you will know it's the highest rate predicted in in the G7 and that's the fault that yes it is and that's the fault of UK government now Scottish government medicates toward the UK government policy choices by over 700 million pounds per year that's the cost of this broken United Kingdom the United Kingdom that prioritize the most beloved Society over the most vulnerable in the society a United Kingdom that will borrowed to cut taxes for millionaires over people who don't earn enough to pay tax no I won't sorry this is all about plants there's not only dresses like Margaret Thatcher but try stimulating hypothesis with a perverse ideology and knowing the third party now the totally party are touting the possibility of cutting benefits placing more people into poverty yeah I'm saying the context so no I want to want to get an invention I'm setting the context of this how many policy reversals will Douglas Ross support he's the killing Douglas of Scottish politics maybe his eye maybe is no that's the coins of order 7.2 I think it is requires that the member address himself to the subject of the motion I would suggest that the member does that thank you Mr care as Mr McLennan I think has indicated he is setting the scene I would hope that he will return to the subject of the uh of this afternoon's debate and with that Paul McLennan yeah the time back yep point of order Stephen care does Mr McLean have an obligation to give points of Truth and fact in this debate or is he or is he completely on restraint when it comes to those uh to that obligation I think you will know at this point that that is a debating Point rather than the point of order at Paul McLennan please resume yes thank you president officer my last line was that's a context that's a problem facing many players and many players in Scotland Brent Pearson Scott so that the context is important my very next line is so walk in Scottish government do to help on top of the 700 million pounds that mitigates every year within a fixed budget that's not inflation proof not as a vulnerability to support those most affected that's why the belt of freezer instance Safeguard against the fiction says being brought forward the cause of the context that the UK government has set I'm proud to be part of our government that supports our residents in this way this emergency legislation simply seeks to increase protection for tenants from rent Rises and eviction action during the cost of living crisis created by the Tory government if approved this bill will give ministers temporary power to cap rear ends for private and social tenances for the cap set at zero percent from April 6th September until the 31st of March next year the bill also includes a further power to maintain our very rent cap over two further six year periods the local government housing planning committee a six-month period so the local government and house and planning committee will be reviewing this legislation over the next six months in a regular period we discussed that with the minister this morning and he was quite happy to advise us of that enforcement of excellent actions resulting from cost crisis will be prevented over the same period except in a number of specified circumstances which a minister has talked about damages for unlawful evictions will be increased to maximum of 36 months worth of rent now crucially these measures will also apply to students in college or university Halls of residence or other types of purpose-built accommodation now in the summer I know some other msps were at the time we heard from the NES about rent Rises of over 30 percent over a number of years it was clear that this was a deterrent to choose from those choosing to study Scottish government has also recognized that rental sector is a source of income for many in Scotland that's why the legislation includes safeguards for private sector landlords aluminum to imply to increased rate to partially cover a limited number of specified costs including increased mortgage entertainments on property relating and increased in landlord insurance or increases in service charges paid as part of the tenancy subject to an overall limit present officer I want to close with four part areas that was raised in the joint briefing from citizens advice Scotland Joseph Roundtree Foundation poverty Alliance and shelter Scotland the four priorities were protect all tenants from rent increases in eviction except in cases of anti-social or criminal Behavior recognize and address unintended consequences for both tenants and Land once three incorporate a robust plan for monitoring impact and four be accompanied by an immediate plan to raise tenant landlord and Earnest of the changes in the financial help and offer to households are struggling I believe the ministers touched in his introduction today so I can ask that the cabinet secretary who might maybe summing up to just touch these and sum up I'm proud to be supporting this bill at stage one it's looking after the most vulnerable people in our society thank you thank you very much I now call Richard Leonard to be followed by Jackie Dunbar to Leonard for around six minutes please thank you Deputy presidi officer until yesterday afternoon the minister for zero carbon buildings active travel and tenants rights has been very Coy about this emergency legislation I've written to him I know that Mercedes vill Alba who is sadly unable to be here today who has courageously LED parliament in this campaign for a meaningful rent freeze has written to him seeking Clarity but he refused to give it what we do know is that the Scottish Association of landlords met with the government just last week and they could tell their members after that meeting and let me quote them it is expected that landlords will still be permitted to serve tenants with notice to end the tenancy as normal if the tenant doesn't vacate during the notice period landlords can then apply to the Tribunal for an eviction order as normal they go on if the eviction ban was to be extended beyond the 31st of March 2023 then each individual eviction order would be subject to a maximum delay of six months EG an eviction order issued in December 2022 could be enforced in June 2023 at the latest or on the 1st of April 2023 if the ban isn't extended and the bill confirms this to be true so this is an eviction ban but the best that can be said of it it is that it is a temporary it is a deficient it is a demi semi-eviction ban a ban in which tenants can still be served with a notice of eviction which does not make it any harder for landlords to evict tenants which does not strengthen and tenants rights which simply pauses the eviction for a Time limited period and let me turn to the rent freeze this is what the Scottish Association of landlords said about that rent increase notices issued before the 6th of September are expected to be enforceable as normal it is possible that safeguards may be put in place to allow rent increases in exceptional cases where a landlord can demonstrate that without one they will suffer in their Words Extreme financial hardship they go on the rent freeze will only apply to mid-tenancy rent increases and will not affect a landlord's ability to apply a rent increase between tenancies and the bill confirms that this is true so this is not only a long way from a universal freeze on rent there is a real danger that the government's promise other rent freeze this most significant announcement in the words of the first Minister will melt under the heat of fact I'll give way Minister uh I'm grateful to Richard Leonard for giving way I I've laid out exactly why this needs to be a balanced package and I've been saying since uh the member's colleague moved an amendment back in June that a universal blanket approach would almost certainly fail the test of proportionality so I'm a little bit confused why the member is using his speech simply to read out what I've already said is the government possession in an Ever Ever more Angry tone of voice Richard Leonard didn't give you the time back um well I will choose to speak in whichever tone I wish uh Mr Harvey and I will and I will uh include the content that I wish to include in my speech and I work with dictated to by you whether you're on the front bench or not and I'm bound to say to the Scottish Association of landlords if you are concerned that the proposals will cause extreme financial hardship for your members what about the extreme financial hardship your members are imposing on tenants and if landlords are complaining that their altruism is being tested that a temporary rent freeze will drive them out of business and so the supply of homes for rent in Scotland will dry up I say to them if this really is about altruism why not sell your private rental properties to the public sector so they can become socially rented homes and the tenants can stay what we truly need is a rebalancing of power between landlord and tenant at the moment if a tenant considers their rent to be unfair the onus is on them firstly to know that there is such a thing as a rent officer secondly to know where to find a rent officer thirdly to contact that rent officer and get them to undertake an assessment and fourthly to then negotiate the implementation of that ferent with the landlord themselves so I say to the minister for tenants rights why shouldn't the burden of proof be placed on the landlord to justify any rent rise rather than on the tenant to win a case against it a constituent of mine Ashley contacted me a day or so after the first Minister's announcement to say that her letting agency had sent her a contract which puts up her rent from 475 to 530 pounds a month her rent doesn't include her bills like gas and electricity the mortgage on the property is paid off in other words there is no justification for this huge rise whatsoever I've got a letter here she told me it's hard for everyone right now my gas is up my Electric's up what a time to pick to up my rent as well Ashley has not signed the contract but she doesn't know if the rent freeze will apply to her or whether at the end of this month she will have to start stumping up this eleven and a half percent hike Ashley said to me I personally don't think it's fair that only some rents will be frozen she is right and Ashley speaks for thousands of young people like her so a temporary freeze will not help if it is designed to take the heat out of this effective Grassroots campaign that has got us to where we are today it will not work we need proper rent controls that's what this Parliament must legislate for instead of short-term emergency legislation we need long-term transformational change to tackle the housing crisis crisis to tackle unaffordability overcrowding and homelessness and to take on the Rogue landlords and properly protect tenants because without tackling insecurity and the soaring cost of housing we cannot begin to tackle inequality and without tackling inequality and injustices in housing we will never tackle it in wider Society we must be on the side of the tenant not the landlord and today we must deliver with action and not just with words thank you very much Mr Leonard I now call Jackie Dunbar to be followed by Jeremy Balfour at around six minutes thank you president officer try not to use my Angry voice and today I'll try and use my reasonable one and presiding officer I welcome the opportunity to speak in this debate and while the Scottish government doesn't have the power to prevent people's energies bills from Surin it is right that it has taken action to ensure that the rent does not rise and that they are not evicted from their homes over winter I therefore welcomed that this emergency legislation will ensure that this is done in a way that is legally robust with this the right safeguards in place the bill aims to restrict landlords from Raising rents with exceptions as we've heard until March 2023 and also puts a ban on evictions for the same period rents will be frozen unless landlords are experiencing increased property costs such as increased mortgage interest or service charges the bill confirms I think it's important to point out that the landlords will be able to evict tenants but only if they can prove that they are suffering from financial hardship and this isn't necessarily obvious from the commentary from the media and indeed some landlords under the bill rent can still be increased between tenancies under these proposals with the policy notes attached to the bills taken and I quote the rent freeze protects tenants helping them to stay in their homes during the cost crisis while responding to the need to ensure that the measures are proportionate the cap on rent increases will initially be set at zero percent meaning no Rises will be permissible in the short term but the government has made clear that this will be until March 2023 until the policy will be reviewed president officer my Aberdeen don't say constituency as many people living and socially rented accommodation as well as private lets many of my constituents will be among the hardest hit by the Tory made cost crisis and tenants especially in the private rented sector spend a greater proportion of their income on housing than people who own their own homes people who rent have an average lower incomes and poorer energy standards and Recent research by the Joseph Roundtree Foundation found that almost a third of people who rent their homes in Scotland were already finding it difficult to pay their rent before the current cost crisis hit we Face the threat of a humanitarian emergency in every Community across Scotland and it is the the responsible move from the Scottish government and the absence of the power to act properly on energy bills to act through this emergency legislation which will protect the most vulnerable in our society it is also worth noting that organizations who have welcomed this legislation the poverty Alliance said a rent freeze will help tenants across the country shelter Scotland has stated that short-term emergency measures in the program for government are great news for tenants and will stop people from losing their homes shelter Scotland also told Parliament that any measures to ensure citizens have the access to the right to a home are very welcome in the context of the cost of living though they wait to see the final detail living rent said our rent freeze would have a massive impact a skyrockets and rents continue to pile on top of out of control energy bills yeah Stephen care I'm grateful to Jackie Dunbar for giving away did she receive briefing papers from housing associations and particularly she receives a briefing paper from the Care and housing group and how does she respond to their sincerely held concerns Jackie Dunbar thank you president officer yes I did receive the briefing papers as I'm sure that that Mr care has done as well and I have read them over just as much as he has done and I know that the government have done as well um and the Scottish trade unions uh Congress has stated that the Scottish government is to be commended for re for freezing rent if implemented correctly and we are pressing for further answers this will help thousands of households across Scotland when they need it most when used the powers of our Parliament can bring positive change these expert testimonies from the organizations on the front line of the cost crisis speak for themselves and show the absolute need for this bill it remains essential that tenants continue to pay their rent and anyone struggling to do so should contact their landlord at the earliest possible opportunity this legislation aims to freeze rates at an affordable level so that folk are able to continue paying their bills and not fall into arrears tenants and landlords who are willing to work together to address rental years can receive the sport support from the Scottish government and local authorities such as through the tenant Grant fund and discretionary housing payments indeed I also welcome the Scottish government's commitment to continue to engage with landlords as well as housing author authorities while this legislation is in place and up to March very quickly in my heart briefly thank you I will be brief presiding officer I met with one of the chief execs of local Housing Association in South Scotland yesterday and they have concerns over the impact of their uh the rent cap on future development and maintenance and support but I understand that the plans for the housing authorities other as are already set are up until first of April so would Jackie Dunbar agree with me that the cabinet secretary should um seek a commitment to engage with the housing authorities continuously for uh the process as we go ahead Jackie Dunbar and please be winding up now thank you the presiding officer yes I could absolutely agree with my colleague Emma Harper and as a former Vice convener and also a former spokesperson for housing for the SNP group in Aberdeen city council I know that most uh social sector rents are already set until the 1st of April 2023 so having this temporary measure in place until March should not financially impact on housing authorities or the social landlords and I'll I will join Emma Harper and asking the cabinet secretary to reaffirm her commitment to keeping housing authorities fully informed with the government's plans as we approach March including presiding offers officer during the current UK government made cost crisis I welcome this emergency legislation from the Scottish government which will work to protect my Aberdeen donsai constituents as well as Folk across Scotland during the winter months thank you thank you very much Mr Empire um and I'll call Jeremy Balfour who will be followed by Michelle Thompson I can advise the chamber most of the time we had in hand has now been used up so I'm going to have to require members because to stick to the speaking allocations for around six minutes Mr Bob uh thank you the world is in a grip of an economic crisis the likes of which we have not seen in a number of years as a result of global factors for people of this country are facing down an incredibly difficult winter and is incumbent upon all governments to provide governments are considering measures to implement we must be due consideration given to the potential consequences out with the primary intent of the legislation is very rare that any action or piece of legislation has no consequence outside of the area that is directed to investment I have real reservations about the proposed rent control measures that the government is bringing forward today unintended consequences will lead to policy promises that could be devastating particularly to the people I represent here in malovian the Scottish government is far from the first to have this idea there's an example after example of land control schemes who have been implemented only to be rolled back after the disaster is unintended effects manifested themselves as others have mentioned look at what happened in Germany they were held as a policy that would fix every problem that the market couldn't zones that were introduced in Dublin both cases were supposed to ensure affordable rent for all but instead we manufactured an extreme shortage of available properties to rent and drove many landlords from the market the number of classified adverts for rental properties fell by half as a result of the measures in Berlin and according to the economist Jim Powers the Irish ramp pressure zones are causing a quote an exit of private landlords from the market and is reducing the supply of rental property and putting upward pressure on Range at a time when significant increases are required to satisfy the Mind create a functional residential property Market but don't obviously the definition of insanity is trying to do the same thing over and over expecting different results I think the member for taking the intervention does remember not recognize that this is actually temporary legislation to get over a course living crisis created by the government that he represents in Westminster Jeremy powerful well the legislation that we are debating this afternoon within this Parliament give the power of Scottish government to extend this for 18 months that's not a temporary according to me uh no I'm going to make progress actually okay it's not a controversial to point out that rent controls limit the stock in the rental market it's been observed time after time and it is a mystery why this government is expecting something different and if price fiction wasn't enough the proposed eviction from from property will add even further uncertainty to the market removing the incentive for tends to pee and large landlords to the game the property throws up a Litany of issues but I don't think the government has fought through for one there were cautious choices with letter and poverty that are met by rental income that is paid if I land on cannot rely on a steady stream of rent many will be unable to fulfill their financial obligations such as repairs and we will see properties going into even more worse repair additionally some landlords again here a lot of in Edinburgh lovians rely on regular rent to pay for mortgage especially for those with a buy to let mortgage a heart to income could cause a property to be repossessed which will result in the tenant lately being evicted as well if the government fought through the situation I'm sure as we would appreciate we need to bring something different to the table the other group are going to be deeply affected by this is housing associations Banks land Association money with rental income acted as a guarantee against the debt if the income becomes unstainable it is likely we will remove that incentive because suddenly the bank will refuse to lend the money this will bring again another pleasure to the sector and we receive a market in regard to rental property simply collapsing and this is not just me saying this presiding officer we even had representations today from kosler not necessarily in favor of everything we on this side do but their shape they've shared this is a power grab by the Scottish government they don't they say that this is taken away from localism at any level they're saying that why you should look authorities not be sent in wrenched rather than central government setting rent caps and freezers on a national level strips local government off its power its ability to set rent for looking at houses I mean my last 30 seconds unfortunately and with no consultation with the sector we are going to end up with more people being homeless over these next few months this is a fundamentally wrong policy it will end up with people being in a worse place and we will see more people telling their properties simply to be able to meet their own Rising costs thank you thank you Mr belper I now call Michelle Thompson to be followed by Carol Morgan up to six minutes please Miss Thompson presiding officer I refer you to my register of interest that states I rent some property out now I consider it unethical to speak in issues where it could be construed that I am attempting to influence the Scottish government my own interest and as such the speech will make no reference to the buy to let Market I will however make some remarks on the broader housing market fundamentally the Scottish government is seeking to do the right thing but they're subjected to limitations the first is adequate Powers the government's job above all else is to protect Scottish citizens and there's nothing more fundamental than a roof over your head however without an appropriate basket of powers including borrowing the Scottish government is heavily constrained the second is a macroeconomic context the Scottish Parliament has no monetary policy powers and very limited fiscal powers that is why the Scottish people are facing the full brunt of Tory economic incompetence Rising food inflation Rising mortgage costs and the recent quite frankly disastrous fiscal event by the latest Tony Chancellor and prime minister all call for Action so the willingness of the Scottish government to take action is to be commended yet I sound a note and I'll carry on just now because I'm changing theme yet I sound a note of caution and quote from Susan actimel of homes for good she notes in LinkedIn the Scottish government seems to be legislating against new housing Supply in the midst of a housing crisis now these remarks go to the heart of the very difficult balancing act that the Scottish government must undertake how do they take action to protect tenants without cooling the underlying supply of housing so I'd like to open some areas for discussion the mood music for institutional Professionals in the housing market must be right they must know that Scotland is open for business and that their long-term investment plans can proceed pension schemes in particular with our long-term focus in patient Capital must be considered I would highlight the build to rent model which offer a route for Scotland to get to the scale of housing required against a backdrop of under Supply and over demand I reference the Scottish property for sorry yes I'm very grateful just that point I made earlier that there's evidence that moves such as rent freeze can reduce the housing stock which he rightly calls for that we need more of so what evidence does she have the member uh to say that this isn't going to be the unintended consequence of this legislation Michelle Thompson I don't have any evidence because I don't have a crystal ball however what I would what I'm pointing out here is that there's a housing market and we're not having the debate about the housing market and the critical point of the housing market is macro economic powers and fiscal powers that we could take action for example to build more houses if we had adequate borrowing powers and that's the point I'm making so I'm going to carry on presiding officer I reference the Scottish property Federation in that this state there's a pipeline worth of 3.5 billion of new built around properties and their concern is that some of this be may be put in hold for other businesses such as smes their risk assessments are growing more complex and they're becoming more risk-averse access to funding's already problematic with interest rates increasing and exacerbated by the current tour reduce chaos no one who lived through the credit crisis of 2008 will forget Clauses in commercial contracts allow for a demand for the repayment of bank loans regardless of whether any debt is being serviced regularly so we need strong guarantees of Finance sector this time around will act appropriately to support businesses on that point specifically about regulator environment for smes happily Stephen care make the intervention on that point to say that she's making some very good points but she didn't quite answer the intervention of my friend Liam care does she acknowledge that international study after international study shows that the imposition of rent freezes creates constrictions in the supply of available property for the homeless Mr Thompson well I would acknowledge is that restriction of Supply can have an impact that is true and what I'm making clear here is that is very complex now if you really if the member really cons cared about the housing market and indeed the member over there you would be calling for increasing borrowing powers for the Scottish government to build more houses you would be increasing the calls for a more macro economic Atomic powers for the Scottish Parliament so that we can take further action that is the point I'm making you want us to sit passively and with and leave these matters to the Tory government in London we see where that's ended up anyway Cy presiding officer it's worth noting all these economic factors and many more uh I haven't mentioned are out with the control of Scottish Parliament and the Scottish government adding emphasis to my opening remarks house providers are nervous because of uncertainty and the vast majority of that uncertainty is because of macro economic policies set in Westminster any initiatives must look at the overarching housing sector in the round so I would like to ask the minister what specific assessment has been made to the availability of housing Supply because of these proposed changes and will there be checkpoints on Supply against demand these are difficult times with strictly limited powers it's hugely difficult to both extend tenant protections and ensure the optimum environment for investment in new housing the UK government's used a property Market to give the illusion of wealthy you are over your time could you bring your mind read it last sentence leading to bloated asset class despite the complexity I've outlined the Scottish government fundamentally has a duty of care to Citizens and for that reason I absolutely stand by this legislation thank you Miss Thompson I know called Karen moffin to be followed by Emerald up to six minutes please thank you Deputy proceeding officer and before making my contribution today I refer members to my register of interests I'm happy to have the opportunity to speak in today's debate this action is welcome but is long overdue Scottish labor has been calling for the beginning of this from the beginning of this course of loving crisis for real measurable action which will help those in most need from a windfall tax on energy companies making eye-washing profits while working people struggle to arrange fees to support tenants who have been exploited by Rogue landlords increasing bills during a time of severe economic uncertainty it is therefore welcome that the SMP and green government has u-turned um on on this particular issue but let us not forget if the SNP in Greens had backed the proposals from my friend in comrade Scottish laborers mercedesville Albert in June their entries would have been in place months ago and we would not see tenants having to wait until December a point that um the first Minister had implied would not actually be the case yes of course Minister Patrick I I don't really expect the member to accept this but I'm just going to put it on the record one more time if we had voted for that Amendment and Parliament had passed it the rent priest would not be in place the rent we priest would have gone to court and been struck down and we would have done nothing but harm Karen Morgan thank you for the intervention and the member knows that The Possession on their Spain she says is that that you could have come forward with an amendment or a discussion on those points at that time in fact the proposed rate fees from the SMP in Greens will not help those who had their events hiked over the summer as we've been discussing after this government's failure to support our entries in June um and when loving rent and my colleague Mercedes Bella Alba first raised the needs with the first minister in April the average rent in Scotland was 780 pounds it now stands over 850 pounds which I think we can all agree is a significant increase in just six months so clearly Deputy signing officer this is not a time for parting the back of a government who before summer said it was unworkable it is a time to highlight the power of working people and of our trade unions in their campaign to deliver this change an action and empty promises were never going to be enough during a cost of living crisis and I am pleased that the Scottish government has come to this realization it's actually deciding off sorry I do agree with the Scottish government and that this cost of living crisis is a result of years of irresponsible Tory Economic Policy of austerity of cutting taxes from the rich and increasing costs for the workers however we however we do have powers to mitigate in Scotland and we do have powers and Social Security and through local councils to improve improve Service delivery for those most in need it is often suggested in this Parliament that there is only one way out of this mess in fact presiding officer of what the last weeks months and even years have shown is that Scotland have two governments often set on dividing communities but the fact that people power brought has brought about this change of heart in this government today highlights that the people of this country want to unite around policies that will improve their lives and set a brighter future for the Next Generation as highlighted in this chamber today tenants and tenants organizations are knowledgeable enough to come to us here in this Parliament and give us Sound Advice that we should listen to the people of Scotland for the member of taking this intervention I'm not sure from the labor party whether or not when they envisage this rent control they envisage the social rental sector being such an integral part of it can I therefore ask whether or not members would be voting to remove them from this given all the unintended consequences which they are raising with elected members Karen Walken thank you for the intervention the member will know from my colleague Mark that we have a amendments and and that we're going to bring forward around this issue but that we do know that we are secure until the end of a this financial year and and we're happy to debate that again tomorrow in the chamber um the introduction of this legislation is a welcome step forward but as mentioned previously it will not help all tenants and it's by no means a long-term solution to the challenges School in face with regards to to the housing market Scotland's Council are being starved of funding from this government and from the Tories in Westminster and in recent years labor and local government have been delivered in nation leading house building programs despite these Cuts essential work programs that are proud once again to be Council housing knowing that it is that this provides stability and Security in the most uncertain of terms as was mentioned by the member from a home is more than bricks and water this is why we must challenge the balance between landlords and tenants as my colleague Richard Leonard mentioned in his contribution I do hope this Scottish government realizes the short-term nature of the plan set out in this legislation and calling them to invest in our councils to ensure they have adequate funding to build the required quantity and quality of houses and needed in Scotland today furthermore I hope the minister listens to calls to ensure that their entries remains in place until our national system of rent controls comes into effect we know we can be bolder we know we can go further and I call on the Scottish government to show that ambition and concluding presiding officer I pay credit to my colleague mercedes-bal Alba tenants organizations such as living rent and the Trade union movement for the Relentless campaigning to force this U-turn it's a welcome step one that we know we it will make a positive short-term effect but Scotland is in desperate need of reformed housing policy that delivers first and foremost for our working population today is a step forward but there now is room in for us to go forward and I have reaffirm my party support of the principle of this bill and I highlight once again our commitment to delivering a long-term housing strategy that meets the needs of our populations the academic signing officer thank you Miss Morgan I now call Emma Roddick to be followed by Ariane Bridges up to six minutes please in this Roddick thank you presiding officer I am over the moon that this legislation has been introduced it was to me the highlight of a program for government which had many policies announced it that will have a great impact on the people of the Highlands and Islands this is radical bold and will have wide-ranging benefits for tenants reading the policy memorandum last night genuinely made me proud to be a member of the SNP whatever safeguards or caution is in the bill the intent is very clear to protect tenants by stabilizing housing costs protect their health and well-being and avoid evictions I told the art news only yesterday that this rent freeze at this time during a very real cost of living crisis will ultimately save lives and I have absolutely no doubt that that is true in the run-up to Winter making sure that people who are actually paying rent even rent which is already unfairly high are able to stay in their homes must be our priority yes I will Audrey nickel Miss nickel sorry to interrupt um could you please resume I don't think your microphone's on apologies for citing officer I'm grateful to the member for giving away I noticed a question in chamber earlier on today from test white regarding the growing challenge of policing mental health and challenging the Scottish government to do more so with the member agree that housing security is an absolutely essential key well-being indicator for us and the Tory opposition to the provisions in this bill that seek to provide that housing security is frankly hypocritical hemorrhotic uh yes I would absolutely agree that that housing is is integral to to mental health and I think there is a lot of hypocrisy coming from the conservative group today they claim to care about mental health but they don't support this bill which specifically has mental health of tenants listed as one of its aims and they claim to be worried about the amount of time that we are spending debating this bill and yet seem to be wasting an awful lot of it on things that have nothing to do with the content of the bill I think it's also worth reflecting on the fact that this is not the only this is not the only way that the Scottish government is supporting tenants with household bills and low income right now many will be benefiting from housing benefits including mitigation of the bedroom tax from the Scottish child payment from an uplift to Scottish benefits Best Start Grants and many other Progressive policies brought forward by the SNP government nobody can accuse this government of oversimplifying and trying to address an incredibly complex issue with only one action or thinking that this is a Panacea not without looking a bit ridiculous this is World leading work going on in this building bringing forward legislation on Social Security and homelessness which is unprecedented not to mention constantly criticized by conservatives who can only assume would rather see us protect the growing wealth of bankers and frankly I can't believe the brass neck of some of the members claiming this isn't an emergency Bill and criticizing an action which is only necessary thanks to the shameful string of right-wing harmful policies announced by the UK Tory government from cutting Universal Credit to not only failing to act on but being complicit in the increase in cost of energy linked to eye-watering profits and energy companies it's a great pity that this government while carrying out such Progressive impressive work particularly in the social justice housing and local government portfolio is so constantly and hugely hamstrung by not having full fiscal Powers not being able to rely even month to month on what our budget is going to be and not being able to legislate on many of the biggest causes of poverty in Scotland today like energy policy renting was already extortionate before the cost of living prices before covet before brexit and all of these things have only made it worse the Scottish government is taking brave action to protect those who need it most to make sure that tenants can keep a roof over their heads and that must surely be the most important consideration in this debate now I do recognize there's a need to be able to defend this legislation and not just to our electorate but legally it has to be robust it has to be strong and the government has to have confidence that it can defend it to the hilt it would be irresponsible and dangerous to present anything otherwise and that's particularly important when we consider that while landlords on Latin associations often have money behind them take legal action tenants generally struggle to do the same but we do have to be careful not to create policy based on which group is most litigious so I echo my colleague Elena whitham's call for financial support which is available to tenants to be well advertised and accessible we have to make it as easy as possible for tenants to access help I also agree with her comments on sitting tenants being able to remain in a home when the owner changes it was pointed out to me this week that if a commercial property were being sold a sitting tenant would be seen as a positive it means immediate income following the sale so if a new owner doesn't intend to live in the property themselves perhaps we need to encourage an attitude shift towards supporting existing tenants to stay in their home because rented or owned a home is a home over summer recess I told constituents that I was looking forward to coming back here because we had so much to get through and we have unfortunately lost a week of business since recess but even in that context this bill is worth spending three days and possibly evenings debating but let's make sure it is a debate and not a foregone conclusion I'm sure we'll have some cracking arguments over the next two days about the finer points and whether we can or should go further particularly from labor given we start from the same position that this is emergency legislation responding to an emergency situation and that tenants must come first on housing there is always more that can be done always something you go further on in theory and I don't envy those who have to narrow it down to what can be done in practice I look forward to taking part in those debates though and I hope that in this room of legislators there will be real commitment to explore ideas to look into possible changes and really consider whether suggestions to strengthen the bill are doable and defendable thank you thank you Miss Roddick I now call Ariane Bridges to be followed by Bob Doris up to six minutes please miss Bridges thank you presiding officer this will be a crucial week for tenants across Scotland we are living through the worst cost crisis for generations with inflation soaring and bills skyrocketing one of the biggest expenses people have is housing which is why this emergency legislation is so important it provides immediate support to tenants at the sharp end of the crisis this winter I welcome this bill it will Implement a cap on rent at zero percent and significantly ramp up protections from evictions with within tenancies until at least the 31st of March 2023 it will create a new system to make it easier for tenants to challenge unlawful evictions and bring in tougher sanctions for landlords it will also Grant powers for ministers to reform the way tenants can challenge rent rises in the private rented sector after the freeze these priorities stand in stark contrast to the cruelty and incompetence of the UK government and its so-called mini budget which is a multi-billion pound giveaway to the bankers and polluters and the super wealthy and it is part the sled this bill is part of a bigger whole while Scotland already has the strongest tenants rights in the UK the Butte house agreement set out why we need to do so much more to reform renting and yes I'll take an intervention from the member I thank the member for giving way on that there is of course uh legislation that covers rental agreements the I repeat the 84 with the at 88 and 2016 act which regulates how much a rent increase could be and a mechanism for disagreeing with it do you know which sections those are and what options are available for tenants because I'm happy to explain them signing officer gives just gives me time Irene Bridges I I really appreciate the members long-standing knowledge and experience in this Parliament and for sharing that earlier in in the debate but I think at this point in time I'd like to press on uh with what I have to say presiding officer over the course of this parliamentary term we will be introducing the biggest expansion of tenants rights in more than a generation including better protections against eviction improved regulation more right and long-term rent controls this was a core part of the partnership agreement between the Scottish greens and the Scottish government it is part of our journey set out in the Butte house agreement to make rents less about maximizing profit out of homes and more about affordability quality and tenants voices that vital work continues and it will contribute to the biggest package of housing sector reform since devolution presiding officer too often renting in Scotland is expensive and insecure too many tenants pay extortionate amounts to live in damp cold and overcrowded homes no home can be left behind if we are to build a recovery that works for people and communities in the region that I represent the highlands and Islands the need for affordable I'm going to continue thank you in the region I represent the highlands and Islands the need for affordable accessible and adequate homes continues to be pressing many people struggle to find a home where they want to live and if they do they face unaffordable rents the deepening cost crisis has left few people unscathed but many people who rent their homes will be even more vulnerable to the harsh winter ahead the UK government will not act as it should the Scottish government should do all that it can protecting people from rising rents and losing their homes is the right thing to do as winter Looms so a presiding officer yes team care I'm very grateful the member talked about building new homes but I have a letter here from another Housing Association which says a rent freeze means housing associations will have to cut back on Improvement in maintenance programs this greatly reduces our chance of meeting the Scottish government's Targets on building new affordable houses does the member recognize that consequence and if so why is she voting for this legislation Ariane Burgess I thank the member for that intervention for the period covered by the program for government the vast majority if not all social landlords would not be raising their rent anyway some social landlords have Frozen rents this year While others have set up extra assistance for tenants hardest hit by the cost crisis Patrick Harvey in his role as Minister for tenants rights has committed to working closely and I heard that this morning at committee with social landlords it measures are extended Beyond march to ensure that there is no adverse impact on long-term plans for more social housing there is plenty of common ground to build on in making sure that all renters have rents they can afford during this stressful period so presiding officer I am proud that Scotland is leading the way on protecting tenants no other part of the UK is proposing anything close to the Scottish government's ambition on protecting tenants it is part of our journey to join the norm in other European countries where regulation of rents is built in to the way Housing Works in the short term this emergency bill will make a substantial difference this winter for people who rent their homes But ultimately we need long-term Solutions part of that is a culture change away from housing being seen as a money-making investment to one that is about providing homes for people with the powers of an independent country Scotland could do so much more to tackle the cost crisis head on today's Bill shows that the Scottish greens working constructively in government are delivering on the Promises we made to the electorate in 2021.
Mr Burgess could you bring your marks to close please you're well we are choosing to protect tenants not Bankers bonuses we are freezing rent not freezing pensioners no thank you we are doing the hard work thank you Miss Burgess thank you and I call Bob Doris we followed by Grim Simpson up to six minutes please Mr Doris thank you very much presenting officer and I speak in support of this emergency legislation which will secure uh a number of welcome and essential Provisions mainly as we've heard this afternoon six month rent freeze for tenants across 10 years and December will ban on evictions across tenures for the same period of time it will be a welcome and valuable measure for many hard-pressed tenants right across Scotland including in my constituency of Mary Hill in springburn it will give certainty stability and support for many for the next six months something that will be very welcome given if we're very honest about it a cross of living crisis fueled by a western government has been complicit in that cost of living crisis due to its reluctance to regulating tax the energy sector its kidneys to cut budgets certainly in this place in Herald in austerity and its denial technology need to go further in public sector pay Awards right across the boards and of course that's before we look at the cat candid approach of list trust and quasi quarantine over the last couple of weeks that's the context that we debate this emergency legislation in I I think the legislation is a measured approach there are reasonable caveats built in as to when it may be appropriate to trigger a rent increase or move for eviction during that six-month period That's to make sure this bill is seen as legal and competent we've heard that debate before the previous covert emergency legislation and debate and the exchange with Richard Leonard earlier on today I think sums up the need to get a balance right in this legislation to make sure that is indeed legal however I do need to flag up potential unintended consequences for the social radio sector as I've done before in this place within days of the announcement I met with three social housing providers locally in my constituency and have been contacted by several more housing associations are anchor organizations in the communities that I serve that of Great Value not just how they invest in the core rental stocking to improve it and bring with it the Energy Efficiency standards that we all need to meet to make the tackle the climate and urgency but also supported by the Scottish government with grants underpinning by borrowing from Financial sectors housing associations are also building the next generation of social rented housing and we must secure those gains and go further I see that happening right across my constituency and also the wider role activities of housing associations in my constituency be that tackling work to tackle loanless and isolation in the communities that I serve supporting vulnerable groups providing willful advice and increasingly food and fuel support they make a difference in the communities that that I serve all of that all of that that investment in stock and investment in the communities that we serve is in part predicating rental income from tenants and we have to remember that so when housing associations raise very significant concerns we have to listen carefully we yes so cream Simpson okay thank Bob Doris for taking the intervention um he's he's right he has raised these concerns before does he accept that the very genuine concerns held by housing associations uh could could see uh invest the investment that he talks about choked off by these measures Bob Doris can I see to Mr Simpson that I don't think that will happen because I've got an ongoing dialogue with housing associations and making representation to government the government's very much in a listing modes I think Mr Simpson's right today was his potential concerns but I just simply don't think that will happen but I thank them fundraising that that particular intervention and so I've made clear what I think is the important situation and that important role the housing also issues play in the constituency which I certain we've heard already this afternoon housing associations plan their finances over 10 years 20 years a 25-year period and they are sensitive to year-on-year variations in their predicated rental incomes including weather of constraints and the ability to to raise rents and we have to be cognizant of that and I do acknowledge that they've also got a rent affordability tool that they seek to use and they have the statute required to consult with tenants and we have to look at that in the context of any potential rent freeze and I don't think I have time presiding officer so I'll I'd also point out the Housing Association is by and large not always but by and large half should constraint in the last few years one housing installation my constitutions in 2020 mid-hole Housing Association had a rent freeze and that has consequences for their finances over a period of time but they found a way of having our entries in 2020 housing associations make different decisions at different times different pacing and a different trajectory of rent increases across different social landlords over the years depending on their investment priorities and depressing of that that investment so when we talk about our our rent freeze going forward we should recognize that we're talking about our own carpet zero percent our rent cap going forward if it was to include the social renting sector in the future it doesn't have to be zero percent it could be higher than that and there could be a differential cap if there was to be a cap at all of course a differential cap which could take into account the statutory consultation process that housing associations have with their tenants the takes into account the previous rent increases the housing associations have made over a number of years in the constraint that they have already shown and a variety of other factors that would have to be considered I have to say in the round though my preference would be partnership conversation and co-production with the social rented sector rather than a rate freeze and our rent cap more generally but we are an unprecedented times presenting officer we have to think of every way that we can stand there to support the most vulnerable society and that means we have to think about rent phrases across all tenures I hope it doesn't happen the social renting sector I've put on the record what the potential oriented consequences are we must keep working in dialogue with them presenting officer thank you Mr Doris I know called dream Simpson to be followed by Michael Mara up to six minutes please Mr Simpson thank you very much Deputy presiding officer this bill is a disgrace this is not the way to do legislation emergency legislation should be an exception reserved for wartime or a pandemic or to make quick updates to law when needed this does not qualify this is a complex policy area you can't rush this sort of thing now I convene the prosperity group on housing and we've produced a report on rent controls which took months to do and was meant to help the discussion around this issue I'll come on to it but what it shows is that you can't and shouldn't pass this sort of legislation in three days with msps given less than a day to scrutinize the bill beforehand if this law passes it will wreak Untold damage on the very people this government and their green Partners purport to stand up for this is an attack on the entire rental sector fueled by the greens hatred of anything private yes I will Bob Doris I thank myself simply for giving me which one clarification in the conservative position Mr Balfour and Ella Court which conceded to be talking about an attack on local democracy suggesting the powers to cap and freeze rent across all techniques to sit with councils is that conservative party policy well this applies to councils as well as well as the social rented sector that Bob Doris talked about now uh the greens see the private rent private rental sector landlords as inherently bad up to no good and generally out to make a killing off the backs of tenants as does apparently my good friend Richard Leonard but how wrong can you be they produced rushed and flawed legislation which also attacks the social rented sector who've been up in arms about it others have already spelled out the concerns but they're worth repeating as the sfha said this policy will do little to increase the incomes of most social housing tenants instead it will threaten both the Scottish government's Ambitions on affordable house building and climate change and our members ability to provide their tenants with exactly the kind of targeted support that's required in these times there isn't a problem with high rents in that sector there will be a problem with investment if this goes through any Ambitions for Targets on the building of affordable homes can be thrown out of the window the sfha one of dire consequences the Glasgow and west of Scotland Forum of housing associations fear this legislation could be a precursor to something permanent they say they say quotes State intervention in our sector's rents after March the 31st 2023 would set a very worrying president and with Savage plans Savage plans to invest in existing and new homes well we know that such intervention could indeed continue beyond March next year because it's in the bill Andy yes John Mason I thank him for giving we would he accept that David bookbinder from the Glasgow and west of Scotland Forum said that he could live without freeze up to the end of March quite happily Graham Simpson he did say that and I'll come home to that Andy young of the Easter bright Housing Association told me this has United the sector like never before and will make the delivery of Net Zero impossible it's quite something that a green minister is taking a wrecking ball to helping the environment today we've had some Stark comments from people in the sector who know what they're talking about David meliwish director of the Scottish property Federation warned the legislation could see three and a half billion pounds of planned investment in new private rented accommodation withdrawn that would be quite an achievement John Blackwood of the Scottish Association of landlords is a mild-mannered man who's never been party political in all the time I've known him until now he says quotes with this bill the SMP and greens have put political rhetoric ahead of measures that would achieve Real Results in solving Scotland's housing crisis they've neglected the housing sector in Scotland leaving it to crumble he calls the bill irresponsible and he's right back to that rent control report that I mentioned earlier it was balanced in a way that this bill isn't it looked at evidence from across the world and one thing we did discover is that there is a lack of robust data on rents in Scotland what there is shows a mixed picture between property types and different parts of the country a one-size-fits-all approach is simply wrong in my view our report didn't ask if rent control is desirable it's a discussion paper which assumed it was coming and the minister has been sent a copy if he's read it he'll know that if this current legislation is extended there could be severe consequences there are different ways to control rents all with pluses and minuses now as I said earlier it's complicated and to come back to the point Mr Mason raised the fear in the sector is that this the rent freezes will continue beyond 2023 March 2023 that is their real concern and that is contained in the bill now Patrick Harvey has not taken a considered approach here he's taken a mallet to the sector this haphazard and blunt approach to law making must be resisted thank you Mr Simpson and I call Michael Mara to be followed by John Mason up to six minutes business tomorrow thank you presiding officer and this Dreadful cost of living crisis is being felt across the country it's resulting in human misery and great harm and many of my fellow dundonians and many across the Northeast are struggling to feed their children are missing meals themselves and have no idea how to pay the river increasing bills paying the rent accounts for a huge slice of a family's income and Parliament must intervene at this moment of Crisis we are right to do so we cannot do so blind to either the causes or the various impacts of our actions the only real long-term solution that is increased housing Supply and we must guard against actions beyond the immediate emergency that further decreases that Supply I want to principally address my remarks to the issue of student hardship the impact of the proposed legislation on our universities and the need for those long-term solutions for University accommodation one in eight Scottish students have experienced homelessness since the start of their studies one in three consider dropping out due to financial difficulties and one in four are unable to pay their rent in full so let her Wonder then that the nus have welcomed this action today on housing costs University of Scotland however have raised with me well-founded practical concerns around University Halls of residence and the impact that these laws could have if extended in the way that this bill allows for if extended to beyond the end of March it will likely cause significant challenges if rent Rises are capped well below inflation the cost of operating these facilities are subject to all of the inflationary pressures found elsewhere in our economy including the employment of Staff some of whom are not particularly well paid it's fair to say we must remember that these universities are tax-funded but taxpayer-funded institutions with a vital social purpose that are already facing down eight percent budget cuts from this government so why are we here the inflationary shocks ripping through Britain have been triggered by the invasion of Ukraine but we are being particularly badly hit in comparison to other countries because of the chronic failure of government at UK and Scottish level to ensure we have a resilient economy Within energy self-sufficiency robust Supply chains and Economy based on Innovation and productivity rather than debt fueled consumption and Market shocks such as the quarteng mortgage premium are ruining the lives of many hundreds of thousands of people the Tory chancellors grotesquely inept mini budget has added 1500 pounds to the average mortgage borrowers annual bills it's resulted in hundreds of mortgage products being withdrawn and costs are soaring for those seeking to buy and that demand shock will be felt for years and it's going to further chill Scotland's house building sector all for zero benefit whatsoever given the ridiculous series of u-turns that have been undertaken in recent days but the problems for universities and students is particularly acute the Scottish government imposes a business model that drives International recruitment to pay the cost of Scottish students this has meant a 27 increase in student numbers in the past decade take the University of Glasgow cited by other members already today where student numbers have risen by 20 percent in only four years that's a dramatic and substantial change which we play havoc in any Marketplace for accommodation and despite this 20 rise there has only been a 10 increase in the available housing for these students provided by the university and purpose-built Halls certainly Jimmy Green I I thank the member for is an important point there is a huge shortage of accommodation across the university campuses that's why the private sector fills in those gaps the key question facing us though however is will this legislation make that situation Better or Worse given the sheer demand for properties and the lack of properties on the market already my camera clear that we have to a balance has to be struck between emergency action to deal with the costs that people are facing students included in that and some of the rent Rises they're facing are absolutely unacceptable but we have to make sure that there is long-term Supply and I share some of the concerns in terms of the long-term Supply in the student Marketplace uh university has already told me that developers are canceling projects given the current circumstances and they face so that we have to make sure that there is the possibility of bringing Supply back online as soon as possible um the national story on student housing um alluded to uh here is even more concerning and the latest statistics available there has been a 14 decrease in the number of both private sector halls and University provided accommodation and all of this is delivered a marketplace with no capacity to deliver to absorb external shocks so we have students being told by the University of Glasgow to defer courses and to put their life plans on hold there's no real strategy that I can see Frank not even understanding from this government that if they insist our universities pursue a never-ending growth strategy they must put in place the policies to make that possible in short more students require more houses universities absolutely have told me in recent days that things are going in the opposite direction so this rent freeze is an emergency measure it is right that we act yes sir if they briefly Miss again very briefly I am a great admirer of my kumara's intellect he's making a startling case for voting against this bill why is he not voting against it Michael absolutely not I mean I don't think Mr cares listening to the totality of what I'm saying that there's absolute urgent need that people have to make sure that we freeze rents across this country my concern is that in the long run we have to make sure that we bring Supply back online as quickly as possible and that requires engagement from the government in doing that work which has been sadly lacking lacking so far I'm coming to a close protagon officer thank you and so Paul Krugman says the rent freezes are among the best understood issues in all of Economics it's understood precisely because it has been tried in many places many times long-term rent controls will inevitably choke off Supply and its Supply that is the honest answer the only answer to ensuring that more people have a place to go home thank you Mr Mara I now call John Mason who will be the last speaker in the open debate up to six minutes please Mr Mason hey thank you very much for the opportunity to speak in this debate we've had a hugely damaging budget from the conservatives at Westminster so disastrous that even the conservatives at Westminster would not back it thankfully they have no backdown on abolishing the 45 rate but there's very little in it to help those who are struggling the most so the question is how can a much more reasonable SNP and green Administration tackle poverty and inflation let me get going away a bit Mr care um tackle property inflation with the limited powers we have rent is a key and essential part of many people's expenditure and something that Scottish Parliament can impact on so it makes sense to look at what we can do on this we've all heard the accounts have dramatically increased rents especially in the private rented sector it seems that some landlords have been increasing rents to as much as the market will accept rather than linking increases to inflation or their actual costs therefore I fully support action to tackle this in this bill however not all landlords have been increasing rents in this way okay Mr Simpson yep Grim Simpson I thank John Mason for taking the intervention I mentioned a a report by the cpg on housing earlier and one thing that we found that there is actually a a lack of robust data on rents in Scotland does he agree with that John Mason well I'm sorry I have to say I'm not on either the committee or the cpg in that so I would be struggling to comment in detail about that no all landlords though have been increasing rents in such a bad way and I do think we have a challenge in drafting legislation which will restrain the bad landlords without punishing those who have been responsible some landlords in both the private and social rented sector have kept rents down in recent years and so do not have reserves or savings to absorb a rent freeze housing associations in particular have been in touch in recent days as Mr Doris and Mr Rennie have already said and we had the sfha the Scottish Federation of housing associations at the finance committee last Tuesday their main points would be that they have been keeping rents below inflation in recent years they were looking at increases of perhaps five or six percent next April which would be well below inflation of 10 or 13 percent and no I think I'm going to carry on if you don't mind even this level of increase would mean curtailing new building one Association based in my constituency told me that even without this legislation they had agreed with lenders to borrow 90 million pounds in the next few years which was partly to refinance existing loans and partly for development they are now reducing that borrowing to 50 million pounds purely to refinance and complete and complete existing projects they will not commit to any more new build for the time being if rents are frozen from April they also tell us that improving properties for Energy Efficiency will have to be put on hold further restrictions on rent could mean staff reductions and reduced maintenance and the main beneficiary as it's been pointed out before of a rent freeze would be the DWP who pays 60 or 70 percent of all rents the problem for most housing associations seems to be that they have to balance Grant receipts what they can borrow reactive and cyclical maintenance and rent increases any surpluses or deficits go in or out of that same pot and I used to work in this sector as an accountant and I can confirm that this is the case so restrictions on rent increases inevitably mean Cuts elsewhere now I do accept that even housing associations are not all in agreement members may have seen that Park head Housing Association which is in my constituency had a letter in the herald yesterday arguing that they could and should have a freeze up to a year or maybe even more but I think they would want to be allowed to catch up again in the future but I don't think that's the thinking of the majority and I noted in the financial memorandum for the bill at paragraph 37 that it's accepted that if the freeze goes beyond 31st of March the Scottish government may be required to provide resources to protect rsls whose Financial viability is threatened due to a loss of rental income and that that strikes me as a scenario we do not want to be in Mr Belfort Jimmy Buffett um do you think if we have to go ahead with this legislation But A Better Way Forward would be simply to have the six monthly up to March and then if we need to do that again to bring forward primary legislation at that point so housing associations have a better idea of what's going to happen rather than having this uh dagger hanging over them for another 12 months John Mason well I think we do want to uh perhaps review things in April so let's say there would be more differentiation perhaps between good and bad landlords as I've suggested can I just also point out to Mr Balfour I think in his speech he suggested that the government would have power to extend a beyond the 31st of March whereas in fact that's not the case Parliament will have the opportunity to make that decision it kind of finally go on and say in relation to local Authority housing which we do not have in Glasgow it could make the point in their briefing that quote rent caps are really not needed for affordable housing as it is Affordable therefore I really have a series of questions to ask at this stage in in the stage one debate are we distinguishing enough between responsible landlords both RSL and private who have kept rents down in recent years and those who have made excessive profits for example could we take past rent increases into accountancy over the last three to five years when we set limits going forward should it be an actual cap in in money terms a or should it be in percentages so that landlords with existing lower rents even within the social rented sector are not disadvantaged I realize I'm running out of time so I would just welcome the assurance that this welcome the fact that this legislation is to be in place up to 31st March I welcome the fact it's going to be reviewed during that time but hopefully in the New Year we can revisit this and consider different options after first of April thank you thank you Mr Mason we will now move to closing speeches and I call on Pam Duncan Dancy to wind up on behalf of Scottish labor up to eight minutes please in the stocking classes thank you Deputy presiding officer people across the country are in Dire Straits the Tories have abandoned them and the SNP are not doing enough either I agree with the minister Patrick Harvey in his opening remarks when he said that we are in a humanitarian crisis whilst the mortifying UK government u-turn on income tax might hold back some of the irresponsible damage inflicted on the pound last week we have now seen just how willing the Prime Minister and her Chancellor are to play games with our economy and with people's lives their haphazard approach introduce introducing such severe economic measures with no consultation no forecasts and low cabinet oversight is terrifying and I I'll give way Stephen care I'm grateful to her for giving away um does does she welcome the energy price guarantee uh that was announced um over a week ago two weeks ago um that would that supports families in this country and gives the greatest help to those who are in the most need does she welcome that measure from the UK government Clancy I welcome any measure but I think it's been wiped out largely by what they've done in recent weeks um I I know that I I know that the SNP agree with us on the the recklessness that the Tories have wreaked with our economy and Paul McLennan certainly made that clear which is why I can't help but wish they hadn't squandered opportunities to take action on rent years ago when my colleague my colleague Paulie McNeil suggested they do it's also why I wish they hadn't um they had in more recently in March copied the Tory scattergun cost of living mitigations and in so doing missed an opportunity to divert support to those who needed it most instead their two-lined the pockets of the wealthy while failing to do anything specific for disabled people and unpaid caters and barely scratching the surface for low-income families meanwhile these labor benches were writing them a fully cost of living plan set out how to do just that using a targeted approach rather than spreading the money so thin its impact was diminished for those feeling the heaviest weight of this crisis that plan of course included a temporary rent freeze and the winter evictions ban my colleague Mercedes mercedesville Alba put forward a vote on EX on exactly that back in June and the s p in Greens refused to vote with us so today and on this occasion I am pleased that they listened to us to living events and to the trade unions shared the today function for U-turn and came right into the idea but I stressed to the government and as the chamber has already heard in some Grim detail from my colleague Mark Griffin there are real life impacts of its delay in the time since we urged the government to take action rents are already Rising as my colleague Carol Morgan has set out clearly my inbox is filled with constituents in Glasgow unable to afford the roof over their heads particularly disabled people young people and students and my colleague Michael Mara has set out eloquently the challenges students are facing and that must be addressed and more families are finding themselves homeless than ever before with homelessness amongst children increasing by 17 last since last year delays have consequences and brave governments take action without delay many are facing rent increases for enforced over the summer months as landlords responded to the cost of living crisis faster than the Scottish government did a rent freeze now is too late for them had the government listen to mercedesville Albert in June or indeed my colleague Paulie McNeil station they would not be experiencing these increases it's not just delays that have consequences either the lack of ambition and scale of change in the greens and SNP do too Richard Leonard set these out perfectly angrily today and I have to say I was disappointed to hear The Minister's response I'm old enough to remember when the member would have been squarely on the side of tenants presiding officer like others I too would like reassurance on some of the wider impacts of this bill and would specifically welcome the government's reassurance that the bill will not impact the social housing program and that social housing landlords will not face a black hole of costs to make essential improvements to their homes if the freeze is extended and on this point I ask that the minister could tell parliament in closing the date that it will be able to vote on his recommendations on the decision to extend or change the provisions of the bill so that registered social landlords can plan for the future presiding officer the snps feel can I have my time back position officer we're now tight for time I'm afraid so you'd have to accommodate it in your room okay I'll try and fit in okay I'll take a brief intervention with the member uh agree with me that much of the the situation facing tenants is down here demand outstrip and supply and the S P's government over the last 15 years failing to address the chronic under Supply and social housing Pam Duncan glancy I I agree that the demands and the demand is a stripping Supply and that there hasn't been enough on it done on that but that doesn't address the problems right here right now Poseidon officer the snp's failure to act fast enough on rents was a failure to protect my Glasgow constituents and others across Scotland but it's not just on peace they've let them down they have also let them down on scale as I've said we're here today and not for the first time that the SNP in Greens have put 3 billion into the cost of living crisis they have not and we must see this this figure includes actions from years and years ago some of which the labor government legislated for the actual figure of cost of living interventions from the SMP green government according to space is a sixth of that at closer to 500 million now that is welcome but I'd ask that the government don't over inflate action whilst families can't feed their children all that does is mask reality and lead to complacency Scottish labor have set out a whole platform of ideas for this government to pick from that they could up the scale of the support they offer but sadly they have an inevitable pattern of shouting these down cabinet secretaries say they welcome ideas from across the chamber but don't act on them so maybe this bill is a turning point here and if so I'd like to seize the opportunity and invite them to consider our suggestions for further action the government could make transport more affordable having real fears and freezing them for a year creating online fuel price Checkers and supporting local authorities to reduce the cost of the skill of bus Journeys the Scottish government could also not only save people money on crucial outgoings like transport and get by giving households a rebate on the water bills but it could also help people get out of problem debt debt that people are now taking on just to afford Basic Essentials not for TVs or holidays for food and rent and I hope the government will consider action on debt in short order when the social justice and Social Security committee carried out an inquiry we heard the public authorities often aggressively pursued that so there is much the government can do on this including by ensuring people in debt keep more of their money by raising the threshold of protected income and have funds from career disability benefits protected not doing so risks destitution action should also be taken to write off school meal debt Abra lower found that 11 000 families across Scotland are unable to pay for their children's School meals labor-led Scottish lanarkshire Council have already set a gold standard on this by wiping existing School Meal debt providing relief to my constituents in Rotherham the government could and should do the same across Scotland in addition presiding officer 200 150 million pound of council tax date was referred to sheriff officers in 2021 if the SMP had kept the promise they first entered government on but to abolish council tax that debate wouldn't exist however it does and right now it's crippling people who are struggling so we believe that the government should consider what more it can do to ease the burden of collection of council taxiders too after pandemic and now a cost of living crisis having come from the back foot position from before people are pushed to their limits they need support which is why it's essential to properly fund money advice Services too these services are stretched to the Limit and we need to make sure they have resources they need to keep providing their Lifeline Services to anyone who turns to them and I welcome the even the bill to address the health and wellbeing impacts of unaffordable rent Rises and as that the government sets out in closing what they will do to support third sector organizations to help people so presiding officer Scottish labor as the original proponents of the rent freeze will support this bill this week but believe there is far more this government must do to address the cost of living in Scotland we on these bench have simple cost-effective effective Solutions in front of us to do this and I hope the government will consider these wider actions not leave a delay like they did on rent freezes and set in motion The Wider scale action needed to get people through this cost of living crisis and ultimately save lives in Scotland thank you thank you Mr congrati and I call on murder freezer for around 10 minutes Mr President uh thank you Deputy signing officer I should start by remaining members of my register of interest I'm a member of the Law Society of Scotland I also have an interest in two Residential Properties which are let on a long time long-term basis now a deputy presiding officer it takes a particular type of government to identify a problem identify which is affecting hundreds of thousands of Scots then actively propose a change in the law that will make matters worse for them and the particular type of government minister to put forward a policy when the evidence suggests it will exacerbate the problem he is claiming he wants to solve but that is what we have with this bill before us this afternoon now presiding officer I'm going to start with a word about about process because Graeme Simpson his contribution talked about the fact that this bill is being rushed through Parliament in three days with no time for detailed scrutiny or consultation with those affected Mr Simpson is the convener of the cross-party group on housing he is something of an expert in this particular field I think he probably knows what he's talking about on this subject at least presiding officer and I think the comments he makes about the fact that Parliament is rushing us through when we only saw this bill I think five o'clock last night there is no time for Parliament to give it the scrutiny as it deserves when it has huge wide-ranging consequences as we've heard throughout this debate Rush law is bad law and I fear that's what we're about to make residing us now there are already significant issues in the provision of private rented accommodation across Scotland particularly in our cities rents have been rising that is true fueled by a shortage of available accommodation Rose McCall earlier on reminded us that just two weeks ago the University of Glasgow was advising students that they might have to consider either suspending their studies or withdrawing from courses due to the chronic lack of rented accommodation within the city and just last week we heard that students in Edinburgh were having to be offered beds in dormitory type accommodation because there was simply nowhere else for them to stay and lighting agents report there has been a significant and ongoing reduction in the number of private sector tenancies coming to the market yes okay Minister Kevin Mr Fraser's uh very passionate concern about Supply I'm surprised that he hasn't wholeheartedly welcomed the measures that we've taken in relation to short-term letting which has siphoned off what should be proper affordable homes for people and to effectively untaxed Hotel businesses Mr Harvey doesn't even want to talk about the bill he's proposing today which is the one that's going to have a negative impact on the supply of rented property so already we're seeing private landlords frustrated By changes in tenant legislation withdrawing their properties from the market or selling them up or putting them into other use like short-term lights Mr Harvey and those properties which are available too often see a bidding war for higher rents so I cannot um yes of course definitely Carson I don't feel so gee with me that the SMP green government have failed to see the bigger picture and I've just heard that right now and the interests of tenants and interests of landlords are not in opposition but by preventing any and all evictions and freezing rent which sounds like an easy short-term solution tenants may lose out in the long term I absolutely agree with that intervention for Mr Carson who makes this point uh very well Deputy presiding officer now I can understand why the Scottish government in response to the rising cost of living thought it was clever politics to to bring in this six-month rent freeze to apply until the end of March next year but what they did not consider it seems that this would exacerbate the difficulties we have already seen in the private rented sector John Blackwood chief executive for the Scottish Association of landlords said he had been in response to what was announced by the government inundated by landlords saying they will be removing their vacant properties from the rental market because the consequence of this legislation will be to be to reduce still further the availability of properties in the private rental sector leaving students and others in an increasingly desperate situation and it's simply unbelievable we have a Scottish government and a minister who are so arrogant that they cannot see with the outcome of their actions will be and at least from the SMP benches we heard from Michelle Thompson earlier on I think a recognition that there will be an impact on the supply of properties if this legislation goes through now it's not just in the private rental sector that we see concerns a number of members will Irani Bob Doris Graham and others talked about the impact on the socially rented sector the Scottish Federation of housing associations representing the providers of social housing across the country have warned that this policy will threaten both the Scottish government's Ambitions on affordable house building and those on climate change and their members ability to provide their tenants with exactly the kind of targeted support that is required in these difficult times several of their members they say have already been forced to cancel plans for kitchen and bathroom Renovations for the next several years due to the projected loss of income from this legislation and we've also heard and we heard this during the debate that the massive investment that will be required to help meet Net Zero Ambitions in our housing stock will be jeopardized by this legislation as indeed will be the construction of new social housing projects Willie Rennie quoted from Kingdom Housing Association of Fife I refer to them in the chamber last week they expressed exactly those concerns that a number of other housing associations have also referred to and while the bill being considered this week only initially introduces a rent freeze for six months there are real concerns that there are plans to introduce rank controls going further than that our move that can only make the situation much worse and that point has been made very well both by the Federation of housing associations and also by kosler and I was very interested to see in relation to the local government in the in the policy memorandum in front of the bill in referring to this it suggests that should the cap be extended it will remove at least 50 million pounds in income from the business plans of registered social landlords and at least 230 million pounds over the four years to March 2027.
Where's that money going to come from who's going to make that money up in the budgets of social landlords or in the budgets of local authorities we've had no answer on that point from the minister I hope that will be addressed in terms of the winding up report and of course as causalists say in their briefing this is extraordinary because this is the government centralizing power over rent setting as they say in their briefing rent setting has never before been taken out of the decision-making of local elected members as a sphere of government once again this government has nothing but contempt for local government and its centralizing power in its house and as members a number of members Stephen care and others reminded us all the international evidence shows that rent controls cause housing shortages we've seen that in Ireland we're following the introduction of rent control zones only 716 homes were available for rent as at the first of August in the entire country there are similar issues elsewhere the average waiting time to lease a rent-controlled property in Stockholm currently stands at nine years and as Jeremy Balfour said in Berlin what we've seen is the emergence of a gray Market in rent controlled properties where landlords will now demand that tenants pay a ridiculous price for furniture for kitchen appliances and other basic amenities as the condition of renting to get around the rules on rent controls and the danger is we will see the same here yet rather than look at the international evidence it seems that Mr Harvey and all those in the Scottish government believe somehow the Scottish exception listen means we can buckle the trend and somehow introduce rank controls here without seeing the adverse impacts we've seen elsewhere now presiding officer there are serious issues in terms of the cost of living which need to be addressed the UK government's substantial intervention to cap the cost of energy will deliver real benefits particularly for those on low incomes who spend a high proportion of them on heating costs and perhaps the Scottish government could look at of course okay governance secretary I'm really surprised that any touring member would try to give this argument given that module Frieza must know that every penny and more of that is wiped out entirely by the cost Rises of food and fuel because of inflation driven by his government and for those who own their home by interest rates going through the roof every penny of that and more will be wiped out murderfly the Scottish government has got a record high budget the highest budget the history of devolution what are they doing to help those with the cost of living they are making matters worse a presiding officer so perhaps the Scottish government could look at supporting tenants and with helping to pay rents rather than in a rent freeze and they claim bursiting option to be supporting landlords who are facing additional costs this is a fig leaf landlords are are allowed in the event that costs and mortgages go up to to increase rents by just three percent more three percent presiding officer if interest rates do go up as the cabinet secretary suggested it might go up much more than that landlords will be left out of pocket as a result so once again we see presiding officer and I say s p green Scottish government not listening to those in the sector not listening to those representing lighting agents and private landlords not listening to local authorities not listening to those in the social rented sector railroading through Parliament an emergency piece of legislation with a proper scope for scrutiny an amendment and failing to properly consider well the unintended consequences will be I fear Patrick Harvey's Legacy as a result of this bill will be to drive up homelessness in Scotland and that will be a very sorry Legacy presiding officer Parliament should reject this legislation today thank you I know Colin Patrick to respond to the debate Minister for around 12 minutes please thank you presiding officer well uh it's been shall I say a lively and wide-ranging debate uh I think the uh the the differences of you is the divergent uh values I think uh that exist in the chamber on this issue have been well expressed uh and uh I think of the those who have criticisms and concerns about this bill some of them have been expressed very seriously and I'll try to address them some have been a little more on the selly side and in particular I find it difficult to take seriously the accusation from the loudspeaker that we're only doing this because we thought it was clever politics this from the party that thought it was clever politics to abolish the top rate of Taxation until they realized that everybody outside of toughton Street which revolted by the values behind that kind of politics so no I'm gonna all right murder freezer grateful Mr Harvey for giving away if if the root cause of rising rates is a mismatch between supply and demand why is he proposing a piece of legislation that will reduce Supply Minister I I don't accept the premise that it will and I also don't accept that that is the only issue affecting rent Rises it's not the only one there are also those landlords who are simply raising rent to I I quote even one to keep Pace with the market and that is that is simply exploitation oh I want to address presiding officer first of all some of the slightly more technical points that have been raised in particular uh there are valid questions around uh reporting uh duties on government and the decisions about how uh any discussion around possible extension of these measures will be taken forward uh the questions around whether there will be robust uh planning and and Reporting these are very fair questions and I engaged I'd like to make some progress I engage with the committee this morning and offered to remain engaged with them uh on this point but it's also uh very clear under the terms of the bill that we had to review the operation of the bell every three months to consider whether the weather the provisions remain necessary and proportionate uh we'll have to review whether the measures uh for a rent freezing eviction moratorium remain necessary and proportionate in like the changing economic circumstances and that will include considering the available evidence or the impact of the measures and how that changes over time briefly please thank the minister can the minister outline how the figure of three three percent was arrived at for the maximum increase for rents agreed by the adjudicator minister well that figure is not an absolute of course the provision that does exist within uh the bill for the government to come forward with a change of that and we'll look at that in light of changing circumstances there have also been a number of calls throughout the debate for the government to spend more money on all aspects of housing uh absolutely I understand if we were able to throw money at direct tenant support uh more than we have done already at social housing provision more than we have done already at retrofitting more than we have done uh already or indeed at the cost of uh the running the tribunal and The Wider cost of living measures that found conglancy mentioned I think we have a strong track record of prioritizing these things but we also have to say we don't yet know what scale of brutal cuts are coming down the line from the UK government and so the emergency budget review the I'm going to have to make some progress the emergency budget review will have to consider all of these uh several members have mentioned the purpose and necessity for this measure and I welcome the comments from Mark Griffin uh from the labor benches recognizing that thousands of people are being pushed to the brink a crisis indeed made worse by the UK uh government and uh Eleanor whetam uh spoke of a clear and present danger from the current cost crisis uh and again recognizing that some of that lies uh at the the the hands of the the chancellor of the last couple of weeks the measures in this bill do provide direct protection in terms of rent but they do more than that they also provide a sense of security a good reason to ensure that all tenants in all sectors do have equal protection at least for these first six months is to ensure that everybody has that that sense of security and emirotic spoke about the direct connection between a secure sense of of being secure in one's home and the impacts on Mental Health I'd like to emphasize just briefly a couple of points that didn't come out very much during the debate and I hope that we'll discuss them later in the week the measures on penalties for unlawful evictions and the powers for uh changes to rent adjudication will be very very important in how these measures are implemented and I hope that we'll uh we'll have further discussion of that later in the week no very clearly uh for some people in the chamber uh the provisions uh signal the end of uh of private renting or some sort of imagined hostility that we have to the to the rental sector for others in the chamber the measures don't go far enough I I have to say that I think Richard Leonard's suggestion that this bill does nothing to strengthen tenants rights I'm afraid is is frankly uh absurd uh it's it's very clear that uh that some members think none of this should be done at all and others are still demanding The Impossible Mr Mr Mr Leonard asked why we're not placing the onus on landlords that's exactly what the spell does landlords will be the ones who have the opportunity to apply for a limited prescribes that of course to be taken into account within clear limits and I think I had a call for an intervention Richard Leonard does the minister not accept that he's the minister for tenants rights and we've heard an awful lot this afternoon about the defense of landlord's rights but does he not accept that the argument that we are making is that not that these should Simply Be temporary changes to the balance of power between tenants and landlords there should be permanent changes to the balance of power between tenants and landlords Minister I do and that's why the government has a long-term program of Reform uh under the New Deal for tenants that we consulted on and that will be working on permanent legislation but he's well aware that temporary emergency legislation needs to be justified as proportionate in relation to the immediate circumstances that indeed is what we are doing to to move on presiding officer a great many members spoke about the potential impact as they see it on the social rented sector and that's extremely important to the government Miles Briggs and Mark Griffin from different perspectives on this debate uh shared some of the concerns on that and some of these concerns are very legitimate uh some suggested that this measure has already had an impact on the rental income of RSL so that is not the case it will have no direct impact on the rental income of rsls during that first six months uh no indeed how about the UK government having an immediate impact on on rsl's cost of borrowing just today during this debate we see yet again a major lender saying that they're increasing their interest rates that will have an impact on rsl's ability to borrow and I guarantee you presiding officer that move was not a response to the Scottish government's emergency legislation that move was a response to the UK government's many budget and I gave way to whoever it was thank you Minister I mean I'm looking at the financial memorandum and my problem is that you estimate the costs to landlords being somewhere between uh 3 million and 32 million which will have a direct effect on government income because that will be less income tax raised could you not be a bit tighter on that and do you have a feeling on how much income it will affect coming into the government Minister uh I I don't believe that we've uh precisely modeled the the income uh to the government the revenue to the government through income tax but then of course many of the measures in this bill are subject to extension or potential early expiry if the economic circumstances change and for example uh the measures on prescribed limited costs the percentages of 50 and 3 percent will be variable throughout the life of this bill listen I was talking about the impact on the social related sector and saying that the impact has not been to immediately reduce their rental income that is absolutely the case but we want to give the social rented sector confidence but the long-term impacts will be taken into account and that we share their priorities about their their fundamental purposes social landlords are exasper social purpose and they invest not only in quality of affordable uh rental housing but on retrofit The Net Zero agenda the wide range of other services government shares that priority and the government understands the ways in which the social rented sector are fundamentally different that rental income is reinvested for the public good and the the various other differences that have been mentioned that's why we've invited uh representatives of the social renters sector and others to take part with us in a short life task and finish group that will inform how these measures are used in the longer term they've been very productive first meetings of that group uh that will recognize those circumstances and I genuinely believe that there is creative thinking already being brought to bear about how we go forward in a way that protects tenants without endangering those other issues presenting us or is there a problem I'm trying to catch Mr freezer's eye so I don't have to call him out for me carrying on a conversation while you're speaking but please continue well thank you presiding officer um rsls are not-for-profit bodies they exist for social need and we share their priority to put to protect uh those uh public Investments I want to move on briefly and talk about the uh the private rentage sector there have been some claims I I'm not sure that they're really Justified claims about a direct impact on Supply here over the long term over the years there has been an improvement in the quality of regulation of the private rental sector and at the same time the sector has continued to expand and indeed I have a quote here from uh one uh a bill to rent uh business uh who uh Springfield properties have recognized that these temporary measures are designed to support families facing fuel poverty this winter and they've gone on to say we continue to believe that the delivery of PRS housing offers a viable Revenue stream in the longer term so I'm I don't I'm not sure I agree with the idea that there's some direct impact between having short-term regulation uh fundamentally changing the long-term viability of the sector and Eleanor wetum was quite right to point out that there are several countries in Europe with higher regulation than we have and rent controls long-standing systems of rent controls with a thriving rented sector including with private investment I think in many ways there's an analogy here with the the scaremongering that was brought in when people first debated a minimum wage some of those arguments uh clearly were born out of self-interest and didn't come to pass and I think in many ways the arguments around rent controls are similar but there is a wider question here presiding also if we don't do this if we don't accept the responsibility uh to control some of the eye-watering rent increases that some of our constituents have been faced with uh just because we believe that that's how the market works then what are we to do we'll be leaving them with a situation that is simply unacceptable it's clear that this cost crisis is being felt right here and right now by people who rent their homes we are determined to take action to help people keep a roof over their heads uh in during a crisis that is not of their making so presiding officer the bill we've introduced presents a package that is both impactful and practical it's radical and robust its purpose is to offer increased protection to tenants who are more vulnerable to the cost crisis than others but it also recognizes that some landlords can be impacted by that cost crisis by including safeguards that address specific defined and limited circumstances that they uh will face and it also builds a bridge to that longer term work that we're doing on the new deal for tenants so inclusion conclusion presiding officer many of the important points that have been made in today's debate have been heard I'm grateful for members who've brought them I'm also grateful for the time that the committee took this morning to consider the bill and I look forward to these discussions continuing as members debate the bill over the rest of this week thank you very much thank you very much Minister that concludes the debate on cost of living tenant protection Scotland bill at stage one is now time to move to the next item of business the next item of business is a consideration of motion 6179 in the name of John Cena on a financial resolution for the cost of living tenant protection Scotland Bill Colin John Swinney to move the motion thank you very much and the question is that motion 6178 in the name of Patrick Harvey on cost of living tenant protection Scotland Billet stage one is agreed are we all agreed the parliament is not agreed therefore will move to a vote and there will be a short suspension to allow members to access the digital voting system foreign foreign foreign foreign okay colleagues the question is that motion 6178 in the name of Patrick Harvey on the cost of living tenant protection Scotland bill at stage one be agreed members should cast their votes now oh yeah questions that's the vote closed point of order Claire Adamson couldn't connect I would have voted yes thank you Miss Adamson I'll make sure that's recorded the result of the vote on Motion 6178 in the name of Patrick Harvey is yes 88 no 29 there were no abstentions the motion is therefore agreed the next question is that motion 6179 in the name of John Sweeney on financial resolution cost a loving tenant protection Scotland Bill b agreed are we all agreed we are all agreed um there we now move to the next item of business which is a statement by Hamza Yusuf on the Health and Care recovery and winter planning the cabinet secretary members who are leaving the chamber should do so as quickly and quietly as possible in fact I will pause till I will change in the front bench she said about that