Briefing for Stage 2 of the Private Rented Housing (Scotland) Bill 2011

1. Linking HMO licensing to the planning system - Shelter Scotland believes it is important to find solutions to the problems of bad management and inappropriate adaptations of some HMOs, which the amendments from Pauline McNeill (1,2,3,4,5,6 and 30) and Alex Johnstone (28) seek to address. However, we are convinced that these amendments will NOT meet the aspiration to have well managed HMOs, and ensure the HMOs have a positive impact on local residents and communities. We would therefore like to see these amendments withdrawn and for Jim Tolson’s amendment 29 to be supported, which seeks to lift out subsections (2) to (5) in section 13 of the Bill. We would ideally have asked the Minister to come forward at Stage 3 with measures which better reflect what members are seeking to achieve. However, due to the time constraints, we would ask instead that the Private Rented Sector Strategy Group consider these issues in detail.

2. Discretionary power to serve an overcrowding notice - Shelter Scotland strongly supports the amendments from Mary Mulligan (23, 24, 25 and 26) and supports Alex Neil’s amendments 16 and 17. We believe the amendments complement each other, but Mary Mulligan’s go a crucial step further and will ensure that local authorities engage with the tenant/s before issuing an overcrowding notice. This is not intended to be a duty to rehouse tenants; instead they will require the council to carry out a housing options assessment in order to assist the tenants/occupiers, if necessary, to find alternative accommodation in either the private rented sector or social housing sector. Amendment 24 will ensure that the Government reviews how effectively this power reduces overcrowding, the impact on tenants and take into account other measures to reduce overcrowding.

3. Power to Obtain Information from Landlords and Tenants - Amendment 19 in name of Alex Neil. Shelter Scotland is concerned about the impact this amendment may have on tenants and believes that it is in the tenants’ interest that statutory guidance be produced which will outline best practice with regard to obtaining information from vulnerable tenants.

4. Twenty year restrictions on leases and securities - We have some misgivings about the case for and the consequences of amendments 32 and 33 in the name of David McLetchie. Shelter Scotland agrees with the Scottish Law Commission that before any changes are made a broader and deeper review and an evaluation of the consequences is needed.