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Fair Rents (Scotland) Bill

Overview

The Bill changes the law about private rented housing in Scotland to try to control rent levels. The Bill adds to the law about private rented housing in the Private Housing (Tenancies) (Scotland) Act 2016.

The Bill:

  • prevents a landlord from increasing rent by more than a set level (related to inflation)
  • allows a tenant to apply to the rent officer to have a ‘fair open market rent’ set for the property (a tenant can do this only once in any 12-month period)  
  • means that landlords must include details of the rent they charge in the public register known as the Scottish Landlord Register

The Bill also means that the Scottish Government has to publish a statement within 3 years. The statement must show how the Bill has affected rent levels in Scotland and how affordable private rented housing is.

You can find out more in the document prepared on behalf of Pauline McNeill MSP that explains the Bill.

Why the Bill was created

The aim of the Bill is to improve the way rents are set in private rented housing. This is intended to reduce poverty and support low income tenants and their families.  

The Bill aims to do this by limiting the amount a landlord can increase rent. It also aims to do this by allowing a tenant to apply for a fair open market rent to be set. This fair rent has to take into account the condition of the property and other issues. The Bill also aims to do this by improving the information that is available in public about rent levels.

You can find out more in the document prepared on behalf of Pauline McNeill MSP that explains the Bill.

Introduced

The Member in charge of the Bill, Pauline McNeill MSP sends the Bill and related documents to the Parliament.

Fair Rents (Scotland) Bill as introduced

Related information on the Bill

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill. 

Stage 1 - General principles

Committees examine the Bill. Then MSPs vote on whether it should continue to Stage 2.

Committees involved in this Bill

Who examined the Bill

Each Bill is examined by a 'lead committee'. This is the committee that has the subject of the Bill in its remit.

It looks at everything to do with the Bill.

Other committees may look at certain parts of the Bill if it covers subjects they deal with.

What is secondary legislation?

Secondary legislation is sometimes called 'subordinate' or 'delegated' legislation. It can be used to:

  • bring a section or sections of a law that’s already been passed, into force
  • give details of how a law will be applied
  • make changes to the law without a new Act having to be passed

An Act is a Bill that’s been approved by Parliament and given Royal Assent (formally approved).

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