A LAW that would temporarily freeze rents and ban evictions in Scotland will be treated as an emergency Bill following a vote in Holyrood today.
A motion to treat the Cost of Living (Tenant Protection) (Scotland) Bill as emergency legislation was passed by 86 votes to 28 this afternoon.
The Bill was further debated at stage one and stage two amendments were also taken, with a final vote on Thursday.
Scottish Tories voiced their opposition to the move, citing a lack of time for MSPs to properly understand the Bill – which was introduced and published on Monday evening.
Under the legislation, rent increases will be frozen at 0 per cent until March 31, backdated to September 6, and a moratorium on evictions would be introduced.
Patrick Harvie, the Scottish government’s tenants’ rights minister, said: “The legislation we’re proposing will help keep people in their homes and help stabilise their housing costs during this extraordinary costs crisis.
“We believe the package of measures strikes the right balance between this aim and ensuring landlords can continue to offer properties for rent and manage tenancies sustainably.”
The Bill will cover the private and social rented sector, as well as student accommodation.
Rent Freeze Bill to be treated as emergency legislation despite Tory efforts
By Abbi Garton-Crosbie@agc_reports
THE Scottish Parliament has agreed to treat the Rent Freeze Bill as emergency legislation despite Tory MSPs' efforts.
Ahead of a debate on the Cost of Living (Tenant Protection) (Scotland) Bill in Holyrood on Tuesday afternoon, MSPs were asked to vote on whether or not to treat the legislation as urgent to allow it to be scrutinised faster.
However, Tory MSP Miles Briggs tried twice to intervene and push the legislation into the long grass.
First arguing that the party didn't agree with the suspension of standing orders to allow the legislation to be debated, Briggs also claimed the Government hadn't consulted with the rental sector.
In a later intervention, Briggs tried to question if the bill was within the legislative competence of the Scottish Parliament but was shut down by the Presiding Officer who confirmed that she had ruled that it was.
The motion passed with 86 votes for yes and 28 for no, with no abstentions.
Moving the motion in Holyrood, Minister for Parliamentary Business George Adam said that the bill should be treated as urgent to "ensure that important protections are in place for people who rent their home".
Briggs, contesting the motion, said that the Tories did not support the suspension of standing orders to allow the Scottish Government to "force" through the bill. He said that there had not been enough time ahead of the debate for MSPs to scrutinise the Government's plans, as they were only revealed on Monday night.
Briggs urged other MSPs not to back the motion to allow the bill to be treated as an emergency
He said: "Scottish housing market is complex and unintended consequences are going to be clear from this bill.
"So the decision by SNP-Green ministers has been made without any consultation with the sector representative bodies, and it has resulted in much frantic activity since the announcement was made by the First Minister to assess the negative impacts this bill will clearly have."
Adam replied that the government "can't win" in the scenario painted by the Tories, after one Tory MSP last week reportedly claimed the legislation had been shared with the sector ahead of time.
He added: "Obviously, we're not actually talking to anyone whatsoever regards it, you know, you can't have it both ways basically.
"I find it quite strange that they would actually use that tact because, call me a cynic presiding officer, but I do not believe they believe in the legislation to start with and I think that is the fundamental difference between us."
When Adam tried to go on to discuss the impact of rising rents, particularly those on lower incomes, Briggs tried to intervene.
He fired back: "No, I think you should listen about people on lower incomes."
Briggs then raised a point of order, asking the presiding officer to confirm that the legislation is ECHR compliant and if amid rumours the bill will face a legal challenge had the Scottish Government informed Parliament that it would be competent to withstand such a challenge.
Alison Johnstone replied: "Thank you, Mr Briggs. I can confirm that I have published my statement to the effect that the bill is within the legislative competence of this Parliament."
MSPs are set to debate the emergency legislation on Tuesday afternoon following the motion passing.
By Abbi Garton-Crosbie@agc_reports
Multimedia Political Reporter
George Adam's motion to introduce the rent freeze bill as emergency legislation passed despite Miles Briggs's efforts
George Adam's motion to introduce the rent freeze bill as emergency legislation passed despite Miles Briggs's efforts
THE Scottish Parliament has agreed to treat the Rent Freeze Bill as emergency legislation despite Tory MSPs' efforts.
Ahead of a debate on the Cost of Living (Tenant Protection) (Scotland) Bill in Holyrood on Tuesday afternoon, MSPs were asked to vote on whether or not to treat the legislation as urgent to allow it to be scrutinised faster.
However, Tory MSP Miles Briggs tried twice to intervene and push the legislation into the long grass.
First arguing that the party didn't agree with the suspension of standing orders to allow the legislation to be debated, Briggs also claimed the Government hadn't consulted with the rental sector.
In a later intervention, Briggs tried to question if the bill was within the legislative competence of the Scottish Parliament but was shut down by the Presiding Officer who confirmed that she had ruled that it was.
The motion passed with 86 votes for yes and 28 for no, with no abstentions.
Moving the motion in Holyrood, Minister for Parliamentary Business George Adam said that the bill should be treated as urgent to "ensure that important protections are in place for people who rent their home".
Briggs, contesting the motion, said that the Tories did not support the suspension of standing orders to allow the Scottish Government to "force" through the bill. He said that there had not been enough time ahead of the debate for MSPs to scrutinise the Government's plans, as they were only revealed on Monday night.
Briggs urged other MSPs not to back the motion to allow the bill to be treated as an emergency
He said: "Scottish housing market is complex and unintended consequences are going to be clear from this bill.
"So the decision by SNP-Green ministers has been made without any consultation with the sector representative bodies, and it has resulted in much frantic activity since the announcement was made by the First Minister to assess the negative impacts this bill will clearly have."
Adam replied that the government "can't win" in the scenario painted by the Tories, after one Tory MSP last week reportedly claimed the legislation had been shared with the sector ahead of time.
He added: "Obviously, we're not actually talking to anyone whatsoever regards it, you know, you can't have it both ways basically.
"I find it quite strange that they would actually use that tact because, call me a cynic presiding officer, but I do not believe they believe in the legislation to start with and I think that is the fundamental difference between us."
When Adam tried to go on to discuss the impact of rising rents, particularly those on lower incomes, Briggs tried to intervene.
He fired back: "No, I think you should listen about people on lower incomes."
Briggs then raised a point of order, asking the presiding officer to confirm that the legislation is ECHR compliant and if amid rumours the bill will face a legal challenge had the Scottish Government informed Parliament that it would be competent to withstand such a challenge.
Alison Johnstone replied: "Thank you, Mr Briggs. I can confirm that I have published my statement to the effect that the bill is within the legislative competence of this Parliament."
MSPs are set to debate the emergency legislation on Tuesday afternoon following the motion passing.
Scottish bill to protect tenants through cost of living crisis
Author: Dan Benn
Job Title: Journalist
Company: Public Sector Executive
Published: October 4th 2022
The Scottish Government has confirmed that it has presented legislation to the Scottish Parliament that is looking to increase the amount of protection that tenants get from potential rent rises, as well as eviction action, during the current cost of living crisis.
The Cost of Living (Tenant Protection) (Scotland) Bill would see Ministers given the temporary power to cap rents for both private and social tenancies, with the cap set at 0% until at least 31st March 2023. This would effectively freeze rents, whilst the bill also includes further power to maintain or vary the rent ap over another two six-month periods.
Patrick Harvie, Tenants’ Rights Minister, said:
The cost of living crisis is an emergency situation demanding an emergency response. Even as energy, food bills and other day-to-day basics become more expensive, today’s legislation freezing rents and protecting tenants from eviction will give tenants stability in their homes and confidence about their housing costs.
“People who rent their homes ae more likely to live in poverty or be on low incomes than homeowners. As such they are particularly exposed to rising prices, and it is imperative that we bring in support for them urgently.
“We know that many landlords have been doing what they can to protect their tenants, but some tenants are being hit with large rent increases that are hard to justify. This legislation aims to protect all tenants from substantial increases, balancing the protections that are urgently needed for tenants with safeguards for those landlords who may also be impacted by the cost crisis.”
The protection from evictions will see the damages for unlawful evictions increased to a maximum of 36 months’ worth of rent, whilst also preventing enforcement of eviction actions that come about due to the cost of living crisis.
It is also worth noting that this legislation will also apply to students who are living in college or university halls of residence or other forms off purpose-built accommodation.
Author: Dan Benn
Job Title: Journalist
Company: Public Sector Executive
Published: October 4th 2022
The Scottish Government has confirmed that it has presented legislation to the Scottish Parliament that is looking to increase the amount of protection that tenants get from potential rent rises, as well as eviction action, during the current cost of living crisis.
The Cost of Living (Tenant Protection) (Scotland) Bill would see Ministers given the temporary power to cap rents for both private and social tenancies, with the cap set at 0% until at least 31st March 2023. This would effectively freeze rents, whilst the bill also includes further power to maintain or vary the rent ap over another two six-month periods.
Patrick Harvie, Tenants’ Rights Minister, said:
The cost of living crisis is an emergency situation demanding an emergency response. Even as energy, food bills and other day-to-day basics become more expensive, today’s legislation freezing rents and protecting tenants from eviction will give tenants stability in their homes and confidence about their housing costs.
“People who rent their homes ae more likely to live in poverty or be on low incomes than homeowners. As such they are particularly exposed to rising prices, and it is imperative that we bring in support for them urgently.
“We know that many landlords have been doing what they can to protect their tenants, but some tenants are being hit with large rent increases that are hard to justify. This legislation aims to protect all tenants from substantial increases, balancing the protections that are urgently needed for tenants with safeguards for those landlords who may also be impacted by the cost crisis.”
The protection from evictions will see the damages for unlawful evictions increased to a maximum of 36 months’ worth of rent, whilst also preventing enforcement of eviction actions that come about due to the cost of living crisis.
It is also worth noting that this legislation will also apply to students who are living in college or university halls of residence or other forms off purpose-built accommodation.
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