Good morning, and welcome to the eighth meeting in  2024 of the Local Government, Housing and Planning   Committee. I remind all members and witnesses  to ensure that their devices are on silent. The first agenda item is to decide whether to  take item 8 in private. Do members agree to do so?

    Under agenda item 2, we will take evidence  on three sets of regulations. I welcome   Patrick Harvie, the Minister for Zero Carbon  Buildings, Active Travel and Tenants’ Rights,   and his Scottish Government officials. Yvonne  Gavan is a team leader in the housing services  

    And rented sector reform unit; Adam Krawczyk is  head of housing, homelessness and regeneration   analysis; Poppy Prior is a solicitor; and Yvette  Sheppard is head of the housing services and   rented sector reform unit. I invite the  minister to make an opening statement. Thank you, convener, and good morning  to committee colleagues. I am pleased  

    To be at the meeting to present three  sets of regulations that will support   the expiry of part 1 of the Cost of Living  Act 2022 on 31 March 2024 and introduce some   important measures that will continue  to support tenants from 1 April 2024.

    As colleagues know, the emergency act came  into force on 28 October 2022. Since then,   it has continued to provide extra protection for  tenants during very challenging economic times,   including through the provision of a cap on  in-tenancy rent increases and a moratorium  

    On the enforcement of evictions. However,  the measures in part 1 of the act were able   to provide only temporary support during the  worst of the cost crisis, and the legislation   as approved by the Parliament in October 2022  clearly sets out that it could not be extended  

    Beyond 31 March this year. In order to support  part 1 of the emergency act coming to an end,   we have laid the three instruments  that the committee is considering. The Cost of Living Act 2022 Regulations 2024  is a negative instrument that is intended to  

    Facilitate the transition away from the emergency  measures by saving certain provisions as they   relate to processes that commenced prior to 1  April 2024. For the rent cap, certain schedule   1 provisions would be saved for rent increase  notices that have been served before 1 April,  

    As well as any subsequent referrals, applications  or appeals in relation to them. For the temporary   eviction grounds, the regulations will mean that  any eviction notice that has been served on the   basis of those provisions prior to 1 April may  proceed or be appealed. Similarly, provisions  

    Will be saved for any action for unlawful eviction  that was raised before 1 April and any subsequent   appeal. Those provisions will be familiar to  members from other time-limited legislation   that we have passed previously. In effect, they  mean that any action that was started before the  

    Expiry date will not have to be restarted just  because the source legislation has expired. The draft Cost of Living Act 2022 Regulations  2024 is an affirmative instrument that is   technical in nature and it links to the third set  of regulations, which I will turn to shortly. The  

    Regulations will modify the emergency act in  order to change the time when section 10 and,   by consequence, schedule 3 of the act will expire.  Instead of expiring at the end of 31 March 2024,   as part 1 of the act will, section 10  and schedule 3 will expire a year later,  

    At the end of 31 March 2025. In  line with the act’s requirements,   the Scottish Government has laid a statement  of reasons to accompany the draft regulations. The third set of regulations has probably  engaged the most interest across rented   sector stakeholders. The draft Rent Adjudication  Regulations 2024 will change how rents in relation  

    To private residential tenancies and statutory  assured tenancies are determined on referral   by a tenant to a rent officer or the First-tier  Tribunal for Scotland. The process of adjudication   has been in place since 2017. Although it was  suspended during the period of the rent cap,  

    It has now resumed in a modified form. The  proposed changes to the adjudication process   are intended to smooth the transition  away from the rent cap and to protect   tenants from steep rent increases,  which some tenants would experience  

    If, in a single step, there were to be a move  back to open market rent from rent levels that   have been suppressed during the period for  which the emergency act has been in force. The legislation requires us to ensure that  we reflect the interests of all parties in  

    The rented sector. We recognise that landlords may  have experienced rising costs, including from the   need to improve and repair properties, which are  usually recouped through rent. At the same time,   although there have been some signs of  improvement in the economic conditions  

    For households in recent months, they follow  a period of significant pressure such that,   on average, households continue to face economic  and financial conditions that are significantly   more challenging than they were prior to  the cost of living crisis. In particular,   private rented sector households continue  to report that they are, on average,  

    Under greater financial stress than  the average for all households. Once the rent cap expires, we would expect  that many rent increases that are proposed   by landlords may proceed as normal, with tenants  agreeing to pay the proposed increase. However,  

    It is reasonable to expect that there may be  situations in which tenants wish to refer a   proposed increase for adjudication. The emergency  act provides Scottish ministers with the ability   to temporarily modify the basis on which rent  increases are adjudicated. The long-standing   rent adjudication process allows for rent  service Scotland or the First-tier Tribunal  

    To make a determination on the proposed rent  increase. That is based on a comparison with   the rent for other properties in the area,  which is known as the open market rent. The amended adjudication proposal would  see a third factor taken into account when  

    A determination is made. Alongside the market  rent and the rent that is being requested by the   landlord, there will be an additional comparator.  The final rent will be determined based on the   lowest of the three figures and it may not be  set at a rate above the rent that the landlord  

    Is requesting. The additional comparator will be  based on the difference between the current rent   and the open market rent, with the level of  increase being determined on a sliding scale. When the gap between the market rent and the  current rent is less than 6 per cent, the  

    Comparator will not come into play, so  the rent increase will be either the   rent that is being sought by the landlord  or the market rent, whichever is lower. When the gap is between 6 per cent and  24 per cent, a sliding scale will apply,  

    With an additional 0.3 per cent increase being  allowed for each percentage point between the   current rent and the market rent. The increase  may not exceed 12 per cent of the overall rent.   That will apply in all cases. The  12 per cent maximum would be reached  

    Only in cases in which market rents are 24  per cent or more higher than current rents. That underlying formula is necessarily more  complex than a simple rent cap, and we want to   ensure that both landlords and tenants have  clarity. That is why a simple online rent  

    Calculator forms part of our awareness-raising  work. It was launched last Wednesday, well   in advance of the changes taking place. Just as  people do not need to understand everything about   the underlying technology of the smartphone or  the device on which they will use the calculator,  

    They do not necessarily need to know exactly how  the underlying formula works in order to use it   effectively. The online calculator will allow  tenants and landlords to see quickly how various   rent scenarios would affect their situation. They  do not need to follow the formula in detail. I am  

    Aware that members have also been made aware of  the recent Scottish Parliament information centre   blog on the ending of the emergency measures,  which includes an online calculator that is   similar to the one that the Scottish Government  has provided. When sample numbers are put into  

    The calculator, it will illustrate the  potential impact of the proposed changes. The transitional arrangements will amend the basis  of rent adjudication for one year, from 1 April   2024 to 31 March 2025, but they may be extended  for further periods of one year, if appropriate,  

    With parliamentary approval. That would be based  on an assessment of the circumstances at the time.   As well as launching the online calculator  to address the underlying complexity of the   changes that we are proposing, we are running  an awareness-raising campaign that is aimed at  

    Increasing awareness of tenants’ rights  and empowering tenants to assert their   rights if required. Our renters’ rights campaign  launched last Wednesday and it will run for four   weeks. We are keen to work with any tenant or  landlord representative body to help to raise  

    Awareness of the changes and help people to  understand how they will work in practice. The regulations that the committee is  considering are vital as they signal   a move away from the emergency  protections that were crucial   in protecting and supporting tenants  during the worst of the cost crisis,  

    While also acknowledging that challenges remain  and that it is right that we protect tenants as   we move towards the pre-cost crisis position.  They also come as we prepare the housing bill   to be debated in Parliament. That bill will  set out how we aim to regulate rents in the  

    Long term alongside a wider package of changes to  increase tenants’ rights and prevent homelessness. I thank the committee for its scrutiny of the  instruments. I am happy to answer any questions. Thank you for your opening statement. It was  helpful that you went into some of the detail  

    And acknowledged the very helpful Scottish  Parliament information centre blog with the   calculator. It was also helpful to hear  about the awareness-raising campaign on   renters’ rights, which certainly came up in  our evidence sessions on the regulations. On the topic of rent adjudication, I am aware that  the Scottish Government is listening to the needs  

    Of both landlords and tenants. For a rent increase  that may be allowed on adjudication, the draft   regulations propose a lower limit of 6 per cent  and an upper limit of 12 per cent. To what extent   does that strike the appropriate balance between  the needs of tenants and the needs of landlords?

    We have had to strike that  balance throughout the process,   from our framing the emergency legislation in  the first place to considering its operation   and, now, moving out of the relatively  straightforward protection of a rent cap. We have engaged with both tenant and landlord  organisations and with stakeholder groups in  

    The sector. We went through a process. It was not  a full public consultation because, in order to   make use of the most appropriate and up-to-date  data, the process had to take place relatively  

    Soon before the end of the rent cap. It had to  be close enough to that to ensure that we did not   end up seeing a gap between the rent cap and the  adjudication changes. We floated a lower cap of  

    10 per cent and an upper cap of 15 per cent. It  is probably understandable and predictable that   the responses to that were slightly polarised  between those who represent different interest   groups. However, fair arguments were made from all  perspectives, and the fact that we have proposed  

    A taper that moves to an upper threshold of  12 per cent demonstrates that we have taken   account of the arguments and perspectives that a  range of stakeholders shared during the process. It is good to hear that, having started  with 10 per cent and 15 per cent,  

    There was engagement and listening and  you settled on those other figures. We have heard that, as you mentioned,  there are concerns that the proposals   could be quite confusing. You mentioned  the online rent calculator that has been   launched and the awareness-raising campaign on  renters’ rights, which is limited to four weeks,  

    If I picked up what you said correctly.  Will you say a bit more about the awareness   campaign? Is there scope to extend it beyond  four weeks if that is required? How will you   review how effective it is in getting the  information across to tenants and landlords?

    We will keep under surveillance the  engagement that people have with the   awareness-raising campaign—a great deal  of it is online, so we can monitor the   levels of engagement and exposure—and,  as we move into the temporary measures,   we will also monitor the use of  the adjudication protections.

    I do not think that it would be reasonable  to say that there is a final, set-in-stone   decision on how much awareness raising should  take place. We have committed to the spend   to ensure that there is an awareness-raising  campaign as we move out of the temporary rent  

    Cap and into the slightly longer-term but  still temporary rent adjudication changes.   Any such change will increase the level of  complexity that people are dealing with and   increase some confusion. As a regional MSP, I am  aware that my inbox contains correspondence from  

    Tenants and landlords who do not know what their  rights are as we approach the end of the period. We need to make sure that we continue  to engage with tenants and landlords and   provide that information both through direct  channels and through working with a range of  

    Organisations and advice agencies at a local  level. One of the organisations that I visited   recently when I launched the campaign  was Citizens Advice Scotland, which has   a critical role to play as a trusted voice  in the local community. Similar organisations  

    The length and breadth of the country  will play a really powerful role, too. Can third sector organisations  such as Citizens Advice Scotland,   if they come up against issues, expect to  influence what will happen from this point on? We will certainly welcome feedback  from a range of voices, not only on  

    The awareness-raising work that we are doing in  the immediate term but on the operation of the   temporary measures once they are in force. We will  continue to keep a close eye on these matters. I draw members’ attention to  my entry in the register of  

    Interests as the owner of a private  rented property up to July last year. Good morning, minister. The new process relies  on tenants taking the initiative to challenge   a potentially unfair rent increase, but we  in the committee have heard long-standing   concerns about tenants’ ability to challenge  landlords, for fear of putting their tenancy  

    In jeopardy. What steps is the Government putting  in place to protect tenants through the process   and assure them that any such challenge  will not put their tenancy in jeopardy? This is a hugely important question  that we have been conscious of all  

    Through the process. It was very clear  that the rent cap had to be temporary;   that is the nature of emergency legislation,  and I think that that was well understood across   Parliament and by external stakeholders when  we passed the act itself. Having the ability  

    To modify an existing mechanism—that is,  the rent adjudication mechanism—offered the   clearest opportunity for an off-ramp from the  temporary rent cap, if I can put it that way. However, it does place the  onus on tenants to challenge,   and we need them to be aware that, even as  we move out of the emergency legislation,  

    Scotland has the strongest package of  tenants’ rights and protections of any   part of the United Kingdom. We are seeing  on-going debates down south over whether   no-fault evictions will eventually be banned or  whether the proposals will be changed before they  

    Are put to the vote, but that is something  that we already did a number of years ago. The grounds on which evictions can be pursued  are very clearly and explicitly laid out,   and the level of protection that tenants  have is very strong. We need to remind  

    Not only tenants but landlords of  those rights and responsibilities,   which is why the awareness-raising campaign is so  important and why we will continue to engage with   the organisations that provide advice. MSPs, MPs,  councillors and other elected representatives can   play a really important role in disseminating  that information to concerned constituents,  

    Ensuring that community organisations  that they are in touch with have access   to that information and pointing people to  online tools such as the rent calculator. My second question is whether the Government  has considered changing a particular element  

    Of the existing procedure. When a landlord gives  notice of a rent increase and the tenant decides   to challenge that, arrears can potentially build  up in the gap while either rent service Scotland   or the First-tier Tribunal decides which rent  should apply. My understanding is that, if the  

    Rent increase was found to be appropriate, the  tenant would need to pay from the date of first   issue rather than from the date of the First-tier  Tribunal or rent service Scotland agreeing that   the increase was appropriate. As I have said,  there is the potential for arrears to build up,  

    So has the Government considered amending the  process to ensure that the date from which   the rent increase would apply would be  the date of the tribunal’s decision? A landlord has to give a full three  months’ notice of a rent increase,  

    And the rent must not have changed when  that notice is issued. Tenants who wish   to make a challenge can initiate that  within the first 21 days of that period. Rent service Scotland aims to respond to  adjudication requests within 40 days. Obviously,  

    There is a degree of independence from Government  in the process, but we will continue to monitor   the service’s ability to respond to requests  in a timely manner. It is required to do so   within 12 weeks, but it aims for 40 days. If  we are able to maintain that level of service,  

    The understandable concern that Mark Griffin  raises is less likely to materialise. Good morning. Do you think that rent service  Scotland and the tribunal will have the capacity   to deal with the potential number of challenges  to rent increases that the proposals might bring? We have worked with colleagues  to understand what they expect  

    In terms of the burdens on them of  processing rent adjudication requests.   The process has not been taking place in  the normal way during the period when the   emergency legislation has applied, but it will  resume now, regardless of whether we are applying  

    An altered adjudication process. However, I would  take a little bit of persuading that the numbers   are going to be markedly different purely on the  ground that we are adding that third comparator. You might have heard from constituents who are  concerned about the rent increase notices that  

    Some landlords have issued prematurely, ahead  of the rent cap ending—I certainly have. At the   moment, we can reassure them that the rent cap  is still in place and that those rent increase   notices still need to comply with it, but  clearly a number of rent increase notices  

    Will begin to be issued when the rent cap ends,  regardless of whether we take forward the power   on a modified adjudication framework with the  third comparator figure. It is really important   that we have that third comparator figure,  but, regardless of whether we use that power,  

    There will obviously be a resumption of rent  adjudication requests, and rent service Scotland   and the First-tier Tribunal will need to be ready  to deal with that. We will, therefore, continue to   engage with them to understand how that is playing  out in practice. As I said to Mark Griffin,  

    There is a shared desire to ensure that  requests are dealt with in a timely way. Good morning. Callum Chomczuk, from the  Chartered Institute of Housing said: “if we have a system that comes into place in  Scotland, we need to have at its heart data on and  

    Evidence of genuine rents. We do not have those,  and it will require some time to build them up.”— Rent service Scotland and the First-tier  Tribunal will consider comparable open-market   data before decisions on the rent  increase can be made. How reliable  

    Is that data in allowing rent officers and  the tribunal to make informed decisions? As we go through this year and the committee  engages with the proposed housing bill,   we will want to explore the issues around  data collection in that context. As things  

    Stand—that is, as things stood under rent  adjudication prior to the temporary emergency   legislation—we do not have granular, detailed  data on the rents that are actually being paid;   we have information far more prominently about  rents that are being advertised. That said,  

    Rent officers take into account a wide range of  factors in determining what they are going to   consider to be open-market rent, including  the quality and quantity of housing stock,   some locational issues such as proximity to  shops, banks, leisure facilities and other  

    Local amenities and services, and economic factors  such as local employment and unemployment rates. A range of factors is taken into account in  making that calculation. The rent officers   base their valuations on confirmed lettings  information, wherever possible using additional   data sources to support them through the valuation  process. The process of calculating open-market  

    Rent has been embedded for a number of years.  Experience and skills, and knowledge of local   rental market conditions, have been built up,  and we will continue to rely on that process. My only additional point is to reassure  tenants who wish to bring a request for  

    Rent adjudication in those circumstances.  They do not need to be able to make their   own calculation of what open-market rent is;  they can bring a request for adjudication,   and the process will kick in and make that  calculation. People do not need to have access  

    To information that is not available to them  in order to make a request for adjudication. Thank you, minister. The absence of data was  brought up last week in our evidence sessions on   the housing bill. Data is key when decisions such  as this are being made. Do you have any examples  

    That you can share with us from elsewhere—if  not around the country, around the world—that,   in the absence of data and evidence, we can  rely on the areas that you have mentioned? The evidence that the rent adjudication process  can operate effectively with the current data  

    Is that it operated effectively before the  emergency legislation was in place. We are   returning to a system that had already  been in operation for a number of years.   We are adding a comparator that will ensure  that we avoid the very steep rent increases  

    That might have taken place in some parts of  the country in the absence of that additional   comparator. We are essentially restarting  a process that has already been embedded. We will get into the longer-term debate about  how to structure a permanent system of rent  

    Controls for Scotland once the housing bill has  been introduced and the committee scrutinises   it. One of the questions that we will need  to address is how much additional data needs   to be collected in order for a new system—a  system that is not yet in place—to operate  

    Effectively. That will be an important question  for the committee to get into at that point. It   is very clearly not the case that we need  additional data in order to operate the   rent adjudication process, because we had been  doing so prior to the emergency legislation. Thank you for that clarification.

    Good morning, minister and colleagues. The committee heard last week that  homelessness has gone up in Scotland but,   interestingly, that the numbers of people  who had been made homeless in the private   rented sector had dropped as a result  of the measures that had been in place.  

    Will you give us a flavour of what you  think the impact of the regulations might   be on homelessness, particularly in relation  to the relaxation of eviction notices and   so on? I presume that the Government  will be keeping a close eye on that.

    Absolutely—we will. The point that Mr Coffey  raises is relevant to the operation of the   emergency protections, but actually goes back a  bit before that. If we think back 10 or 15 years,   evictions from the private rented sector were  one of the leading sources of new homelessness  

    Referrals. That has been reducing, so there is  evidence that the gradual changes in regulation   that were brought in prior to the emergency  legislation over a longer period have supported   improvements in those statistics and show that  evictions in the private rented sector have not  

    Been as predominant a source of new homelessness  as they were previously. The protections that   were part of the emergency legislation have  supported, and have been consistent with,   that trend. We are obviously keen to  ensure that that progress is not reversed.

    Earlier, I made a point—to Mark Griffin, if I  remember rightly—about the pre-existing package   of protections. No-fault evictions have not been  permitted for quite some time, and the grounds   for eviction are clearly and explicitly laid out.  A more recent change was introduced through the  

    Coronavirus legislation, in that the pre-action  protocols that social landlords previously had   to undertake before seeking an eviction have  now been extended to the private rented sector. We believe that a viable and vibrant  private rented sector works at its best   when landlords and tenants have  a shared interest in securing,  

    Sustaining and maintaining tenancies and  in avoiding breakdowns. Most landlords   do not want to go through a constant cycle  of losing good tenants who pay their rent,   and most tenants want to be good tenants  who are able to pay their rent and have  

    Somewhere that they can afford to live with some  security. That is what we should be aiming for. The requirement for pre-action protocols simply  embeds the good practice that responsible   landlords will, in many cases, already have  been using, with landlords seeking ways to  

    Sustain a tenancy as a first resort and pursuing  eviction only as a last resort, when it cannot be   avoided. Sadly, in some cases, eviction will be  a necessary step, but I hope that the pre-action   protocols ensure that eviction is seen as  a last resort rather than a first resort.  

    The evidence shows that those protocols have been  effective. We should return to the pre-existing   strong package of protections, and we should  continue our efforts to drive up standards in   the private rented sector by supporting  the actions of responsible landlords who  

    Have used good practice in the past and by  encouraging others to raise their standards. Did you say that the measures that we are  discussing today will also expire on 31   March 2025 but that they could be extended  beyond then, if appropriate? I think that  

    Those were the words that you used. Will you be  keeping a close eye on the impact on homelessness   among any group to help you to decide on  your approach and strategy at that point? Yes. The Cost of Living Act 2022 gave us the  power to introduce such changes. It specified that  

    Changes could be introduced for a period of one  year and that there could be subsequent decisions   to extend the provisions by further periods of one  year. That option will be available, but we will   not make that decision automatically. We will  continue to closely assess the circumstances.

    In essence, we must demonstrate that  any such measure is proportionate and   necessary. That means that we must constantly  look at the circumstances and the context in   which measures are taken forward. We will  look at how the measures are operating,  

    At how the adjudication process is being used  and its impact, at the economic circumstances   and, of course, at any changes in the  patterns of evictions and homelessness. Thank you. Good morning, minister and officials. In your  opening statement, minister, you said that  

    Renters and landlords do not need to know  the detail behind this. What modelling   has taken place on how many landlords  will look to apply the upper limit of   12 per cent and what that would mean for  the systems that are currently in place?

    The circumstances will be different  between not only parts of the   country geographically, but individual tenancies. For example, we can think about a tenant who left  a private rented home, for whatever reason, while   the rent cap has been in place under the 2022 act.  If there has been a turnover of tenancy, the new  

    Tenancy might well have been reset according to  open-market rent and be at the upper end of that.   In such a circumstance, there might be very little  gap between the rent that is currently being paid   and the open-market rent. However, there might be  a very big gap for the same property with the same  

    Landlord, if there had not been a turnover of  tenancy and that landlord, prior to the cost of   living crisis, had done their best to keep rent  rises low for a number of years, because they   wanted to hang on to a good tenant and sustain  the tenancy. The circumstances will be different.

    In relation to the earlier questions about data,  it is very clear that we do not have granular,   detailed data about the level of rents that are  being paid. We have much more information about   the rents that are being advertised. That is a  matter to keep under careful watch as the rent  

    Adjudication process resumes and Scotland moves  out of the temporary rent cap measures. However,   at the moment, we do not have the level of detail  about the rents that are being paid, as opposed   to the rents that are being advertised, which  would give a definitive answer to the question.

    I understand. You mentioned the geographical  element; in Edinburgh, new properties are coming   on to the market with rents that are 25 to 30  per cent higher than they would have been prior   to rent control. There is a real disturbance  and a potentially dramatic rent increase, as  

    Well as a loss of properties, in the capital.  What lessons have been learned from that and   the lack of data and consultation in relation  to future rent controls in the housing bill? A range of views are expressed on the potential  impact of the temporary legislation on the wider  

    PRS market. It is very clear that new rent  increases, as advertised, have been rising in   a worryingly strong way in many parts of the UK.  A few days ago, the BBC ran a story that showed  

    That Glasgow and Edinburgh are at the upper end  of that. Glasgow was a fraction of a per cent   above Bolton and Manchester; Edinburgh  was a bit below Manchester and London. If the temporary legislation is the factor that  is driving the increase in new rents being set,  

    I would expect to see a big gap between  areas in Scotland and areas in the rest   of the UK, but we do not see that. We do see  a range of experiences in different parts of   Scotland. Cities, as well as towns that  are within commuting distance of cities,  

    Have been seeing big increases in advertised rents  throughout the UK. That is a worry and we will   have to consider it as we look at the permanent  changes to legislation with the new housing bill. I do not think that the situation could be  used as a justification for not using the  

    Power to add an additional comparator as we  return to the rent adjudication process. That   additional comparator enables us to provide some  protection against a cliff edge for tenants as   we move out of the temporary legislation. The  evidence from around the UK of rent rises for  

    New tenancies reinforces the desire to ensure that  that cliff edge is not experienced and that annual   in-tenancy rent increases do not, suddenly, in a  single step, return to that open-market condition. In relation to the previous issue,  I refer Mr Briggs to the business  

    And regulatory impact assessment, which was  published alongside the regulations, and looks   at the number of properties that are likely to  be affected. The assessment models some of the   possible impacts and explores the level of rent  that landlords would forgo and tenants would save. Finally, the Scottish Association of Landlords  

    Has accused the Scottish Government  of “anti-landlord rhetoric” and of “harming investment in private  rented housing in Scotland”. Today, it reports estimates of around 22,000 homes   being lost from the private rented  sector. How would you respond to that? I am sorry that the Scottish Association of  Landlords has chosen to use such language. I  

    Do not believe that the Scottish Government  uses “anti-landlord rhetoric”—I would   not acknowlegde that. During the debates on  the Cost of Living Bill and in relation to   the development of the consultation on the  wider rented sector strategy, the new deal  

    For tenants and the development of the new  housing bill, we have said very clearly that   we want a private rented sector that has high  standards and that is part of a housing system   in which all people have their human  right to adequate housing realised,  

    And that responsible landlords have nothing  to fear from regulation. Our approach is   about raising the standards in places where we  do not see responsible practice taking place. We are all conscious that, within the private  rented sector, there is a range of practice,  

    A range of affordability and a range of  protection of and respect for tenants’   rights. We want to encourage the  best, and we want to ensure that,   where standards are not as they  should be, they will be raised up. Good, responsible landlords have nothing  to fear from a proportionate approach to  

    Regulation. Across many other European countries,  the provision of a decent level of regulation and   protection for tenants is entirely consistent  with a viable private rented sector, and I   think that, in fact, that is the experience in  Scotland, too. Over the decades, there have been  

    Gradual increases and improvements in regulation  of the private rented sector and protection for   tenants at the same time as a dramatic increase  in the scale and size of the private rented   sector. Indeed, even during the operation of  the Cost of Living Act 2022 and the rent cap,  

    The number of properties that are registered  under the landlord register has gone up slightly. I recognise that the Scottish Association of  Landlords has conducted a survey of a small   number of tenants, from which it appears  to be extrapolating as though it proves  

    Something on the wider picture; I do not think  that the data that we have demonstrates that. That concludes our questions. I thank the  minister and his officials for giving evidence. We turn to agenda item 3,  which is consideration of   the motion on the instrument. I invite  the minister to move motion S6M-11978.

    That the Local Government, Housing  and Planning Committee recommends   that the Cost of Living Act 2022 Regulations 2024 The question is, that motion S6M-11978,   in the name of Patrick Harvie,  be agreed to. Are we agreed? There will be a division. Abstentions Briggs, Miles Gosal, Pam

    The result of the division is:  For 5, Against 0, Abstentions 2. We move on to agenda item 4, which  is consideration of the motion on   the second instrument. I invite the  minister to move motion S6M-11979. That the Local Government, Housing  and Planning Committee recommends   that the Rent Adjudication Regulations 2024

    The question is, that motion S6M-11979,   in the name of Patrick Harvie,  be agreed to. Are we agreed? There will be a division. Abstentions Briggs, Miles Gosal, Pam The result of the division is:  For 5, Against 0, Abstentions 2.

    The next item on our agenda is consideration  of the Cost of Living Act 2022 Regulations   2024 . As it is a negative instrument,  the committee is not required to make   any recommendations on it. Do members  have any comments on the instrument?

    No one has any comments. Is it  agreed that we do not wish to   make any recommendations in  relation to the instrument? The committee will publish a report setting out   its recommendations on the previous  two instruments in the coming days. I suspend the meeting to allow  for a changeover of witnesses.

    The next item on our agenda is an  evidence-taking session on the Local   Authority Amendment Regulations 2024 with Tom  Arthur, Minister for Community Wealth and Public   Finance. Mr Arthur is joined for this item by  Scottish Government officials Elanor Davies,   who is head of local authority accounting,  and Susan Robb, who is a solicitor.

    I welcome the minister and his officials to the   meeting and invite him to  make an opening statement. Thank you, convener, and good morning, committee.  With your permission, convener, I will just take   a bit of time to explain what I appreciate  is potentially a complex set of regulations.

    In 2016, regulations were introduced  to provide greater flexibility to local   authorities to ensure that both current and  future taxpayers are charged for their share   of the capital expenditure costs of public  assets that are used to deliver services. Perhaps I can briefly explain the nature of  statutory accounting arrangements. Accounting  

    Standards require depreciation to be charged  against revenue to reflect the cost of the   capital expenditure for an asset, such as a  school, as it is used over the term that it   will be used for—in other words, its useful life.  The 2016 regulations replaced the requirements of  

    Accounting standards with an annual charge against  revenue in the form of loans fund repayments,   to recognise the costs of capital  expenditure to be financed from   borrowing over the term for which the expenditure  is expected to provide benefit to the community.

    The aim of both accounting standards and statutory  arrangements is to accurately and transparently   reflect the costs of capital expenditure to  acquire an asset over the period during which   the asset will be used. The 2016 regulations  permit local authorities greater freedom to  

    Choose the term over which to charge the costs of  capital expenditure against revenue, known as the   repayment of loans fund advances, and to vary the  period and pattern of such charges. The intention   is to allow local authorities to more accurately  align the period of loans fund repayment—and  

    Therefore recourse to taxpayers—with the period  over which the asset will benefit the community. However, a review of local authority  financial data shows that, since 2019,   local authorities have been significantly  reducing their on-going annual revenue   provision to meet long-term borrowing  costs, despite increasing external debt,  

    And have been deferring a substantial proportion  of capital financing costs to future years. That   approach has been taken as a solution to meet  affordability challenges and address budget   gaps instead of allocating more fairly the cost  of the capital expenditure to taxpayers. That is  

    Not in keeping with the spirit of the statutory  accounting arrangements, which are intended to   ensure adequate provision from revenue to  meet debt financing costs and an equitable   charge to taxpayers for the use of the asset for  which the capital expenditure has been incurred. Furthermore, such an approach creates  financial risk, as deferred repayments  

    Will have to be met in the future. Rising demand  for public services and the prolonged impact of   UK Government austerity on the public finances,  along with economic and inflationary pressures,   increase the risks that local authorities might  find it difficult to service their increasing   capital financing commitments.  Deferring provisions to meet such  

    Commitments further exacerbates an already  challenging longer-term financial outlook.   The committee will not need me to draw its  attention to the situation in England and   the stark evidence of the outcome of such  accounting practices in English councils. We agree entirely with the evidence that I know  you will have heard from local authorities that  

    Authorities in Scotland are neither borrowing  excessively nor borrowing for the purposes   of commercial investment, but the fact is that  the practice of reversing debt financing costs   and deferring those costs to future years,  which has contributed significantly to the   financial collapse of a number of local  authorities in England, is being adopted  

    In Scotland. I point out for information  and context a House of Commons research   briefing that was published last month that states  that the financial collapse of Thurrock Borough   Council stemmed from “two principal causes”:  not only the loss of value of its assets,  

    But a failure to make “sufficient … revenue  provision” to meet its debt repayments. The briefing also states: “a major cause of Slough’s financial difficulties   was its failure to make sufficient …  revenue provision in its accounts to repay” its debts. Moreover, “Woking issued a section 114 notice” in “June 2023”,

    Highlighting inadequate minimum revenue provision   since 2007-08 as a key contributor to the local  authority’s significant financial challenges. In 2020, the UK Government took steps to  amend equivalent statutory arrangements   for England and Wales to prohibit exactly  those accounting practices that continue   to be adopted in Scotland—namely  to prevent local authorities from  

    Reversing costs incurred in previous  years as a means of increasing reserves,   and to prevent the deferral of debt repayments  to future years as an affordability measure. Although our situation and the situation  in England are not identical, the amendment   regulations simply align Scotland with the  improvements that have been made to the statutory  

    Framework for England and Wales. Contrary to the  suggestion that the regulations have been rushed   through in some way, the need for a review  of statutory capital financing and accounting   was identified in 2019 and confirmed in the  resource spending review in 2022. Despite that,  

    Local government has resisted any such review  and has requested successive delays over the   past two years. The committee might be aware  that we consulted on a number of other reforms   in late 2023, but in the light of the valid  feedback from respondents, we wish to take  

    More time to consider the implications of  those reforms before bringing them forward. No specific concerns were raised over the  amendments that are being taken forward at this   time, and although the UK Government intervened  reactively, we are intervening proactively to  

    Protect Scotland’s public finances from risks  such as the outcomes that we have seen in   England. I therefore consider it to be important  to deliver that alignment as soon as possible. In summary, the amendment regulations will  more clearly articulate the policy intent of  

    The 2016 regulations and will harmonise statutory  arrangements not only with accounting standards   but with England and Wales, to better ensure an  equitable charge to current and future taxpayers   over a period that is commensurate with the  benefit that an asset provides to the community. With that, convener, I conclude. Thank you.

    Thanks very much, minister, and thank you,  too, for taking the time to lay things out   in quite a bit of detail and for the work  that you have been doing on the regulations. I would be interested to understand why the  Scottish Government feels that regulations  

    Are needed now, given that the Convention of  Scottish Local Authorities has stated that “there is no requirement for a  review of capital accounting” and that, during last year’s consultation,  directors of finance said that “no clear rationale for this review has been  provided to support the proposed changes.”

    The case for the action that we are taking is  underlined by the point that I made about the   need to be proactive. I touched on the situation  in which some local authorities in England have   found themselves, and I am sure that no one at  this table would want that to befall our local  

    Authorities. It is important to ensure that  accounting practices are consistent with the   standards that we all expect. The Scottish  Government and the Scottish ministers have   an important role, as stewards of the  public finances, in ensuring that there   is an appropriate regulatory environment  to facilitate the standards that we seek.

    As I touched on, the issue has been given careful  consideration over a considerable period. That   goes back to 2019, when some practices that  caused concern became evident. In the resource   spending review, we signposted our intention  to take this action. We have consulted and,   where valid points and concerns were raised,  

    We have not taken forward the relevant  measures in the amendment regulations. We recognise that we have a responsibility to  ensure that accounting practices are consistent   with what is required to provide long-term  stability and transparency in the public finances.   Ultimately, that is the reason that underpins  introduction of the amendment regulations. Thank you.

    Good morning, minister and officials. Not for the first time, we have heard  concerns from COSLA and local authorities,   which are unhappy about the short  period of time that was allocated for   consultation on the measure. It was held  in December for just four weeks. In the  

    Spirit of the Verity house agreement, what  consideration has been given to that issue? I have two points to make on that. The first,  which goes back to my previous answer and my   introductory remarks, is about the timelines  and the signalling of our intent. Secondly,  

    On the consultation, a consultation that is just  with local government will typically be around two   weeks. My officials will correct me if I am wrong,  but I think that the consultation in this case was   four weeks, so it was more than the normal time.

    We have consulted in a way that is consistent  with how we normally engage with local   government. More generally, the context in  which the consultation was undertaken was   that there had been extended engagement over a  period in which we had indicated our concerns.

    I put on record that I was a councillor  at South Lanarkshire Council until 2022.   I remember the information sessions and  the intense scrutiny from councillors   across the board when we looked at  reprofiling loans fund repayments. I have a few questions. What assessment has been  made of the extent to which local authorities  

    Have used the 2016 flexibilities? It would  be helpful if you could put a number on that,   if that is known. Do you have a  figure for the amount by which   council reserves have been  boosted across the country? I ask Elanor Davies to come in on those specific  points and provide some additional information.

    I apologise—I am just looking for the  values. I had them to hand, previously. The local authority budget reports for 2023-2024  and 2024-2025 show that many local authorities   have applied the flexibilities in the statutory  regulations to defer the revenue provision for  

    Capital financing to future years. We have seen,  in the local financial returns and the statistics   that we capture, that revenue provision to meet  borrowing costs has been declining since about   2018-19. At 31 March 2022, which is the  most recent point for which we have data,  

    The all-Scotland balance for the loans  funds was £16.9 billion. Comparing the   loans fund repayments, which are required  by statute, against accounting standards,   we find that the loans fund repayments that  have been made account for only 30 per cent of  

    The costs that would have been charged if local  authorities were required to apply accounting   standards and charge depreciation. If, year  on year, 70 per cent of the costs are being   deferred to future years, that represents  a significant future sustainability risk. Do you have the figures for how  many councils have taken that step?

    I apologise—I do not have a note of the number  of councils, but I can certainly provide that. If you could send that on to us,  that would be really helpful. Good morning, minister, and your colleagues.  The regulations apply only to new loans;  

    They do not apply retrospectively.  Why did you make that decision if   the extent of the problem is  as described by Ms Davies? The regulations are a product of engagement  and will help to provide clarity and certainty   going forward, as well as the consistency  with accounting standards that we want.

    Elanor might want to provide some  more detail on the process and   consideration regarding potential retrospectivity. The regulations will not have retrospective  effect. Given that the provisions will be   introduced only from the point at which the  regulations come into force, which will be  

    1 April 2024, we cannot ask local authorities to  consider decisions that have already been taken.   Most local authorities have already applied the  flexibility to their existing loans fund advances,   so we are instead making sure that  that cannot be applied subsequently.

    You set out some of the financial challenges  that have resulted in this flexibility being   used in England, which are well documented.  What assessment has the Government carried   out of the financial health of local  authorities in Scotland that have   used this flexibility and of whether  that has put any of them at risk of  

    Going down the same road as the English  local authorities that you mentioned? As I touched on in my earlier remarks, there  are differences between the circumstances in   Scotland and those in England. I sought to  be clear about that, as I did not want to  

    Suggest that there is full equivalence.  However, on the specific point around   the accounting practices, that is an  area of concern that we can address. We recognise that, across the public  sector, public finances are creating   significant challenges and pressures. We have  embarked on broader process of engagement with  

    Local government through the Verity house  agreement and the commitment to developing   a fiscal framework. The local government  budget settlement for 2024-25 represents   a greater percentage of ministers’ discretionary  spend than there was in previous years’ budgets. Elanor Davies might wish to comment on  the specific aspects of the health of  

    Local government finance compared  with what we have seen in England. It is an on-going piece of work.  We are reviewing the financial   health and resilience of local  authorities. I could certainly   provide further information to the  committee when that work is complete.

    In advance of that work being completed,  does the Government have any concerns about   the risk of financial failure of any  particular Scottish local authority? Specific roles and responsibilities are exercised  by the Accounts Commission, for example, in   assessing the performance and financial management  of local authorities. We recognise the challenges  

    That local authorities are facing, but we are in a  different set of circumstances than certain local   authorities in England were in because of some  of the decisions that were taken by individual   local authorities. However, as I highlighted in  my earlier remarks, a contributing factor was  

    The particular approaches around accounting that  we are discussing, and the way in which they were   taken in England. The United Kingdom Government  reacted to that; we are getting ahead of   the situation by being proactive. We are ensuring  that we are not creating a situation in which,  

    Over time, the level of risk increases and starts  to present long-term sustainability challenges. On this particular point, we are  taking proactive action to align   with the situation in England and Wales. Indeed,   the action is prospective—to answer Mr Coffey’s  question, there will be no retrospective effect.

    I declare an interest, in that I was a councillor  in West Dunbartonshire Council until 2022. Good morning, minister and officials. The  consultation in December included other   proposals that are not being taken forward  at this time, and COSLA has concerns that the  

    Government still intends to do further work  on those. What are the Scottish Government’s   plans on those proposals and on any wider  review of capital finance accounting? We will continue to engage constructively  with local government on those matters but,  

    As I touched on earlier, we in the Government  have an obligation in the broader stewardship   of the public finances and in assuring that  there is an appropriate regulatory environment. Elanor Davies may be able to provide  more detail on the other elements that   were consulted on and the work that is on-going.

    We have already had discussions  with local government and have   suggested a collaborative working group.  We have also provided assurance that any   further amendments would not be introduced  before 2027, so that there will be time to   give due consideration and reflect  them in longer-term financial plans. Good morning, minister and officials.

    COSLA has raised concerns that creating  additional administrative burdens on   local authorities and their auditors is  an unnecessary risk and an unnecessary   additional burden. Have you discussed how  that might impact on local authorities,   and the best way in which to support it to deal  with any additional administrative burdens?

    As has been touched on, we have consulted.  The regulations are published subject   to parliamentary scrutiny, and we will  continue to engage with local government   and monitor the situation. Should any  particular unanticipated issues arise,   we would, of course, want to engage with local  government constructively to remedy those.

    Given that COSLA has raised that concern,   are you doing any work to help councils  with that additional administrative burden? As I said, if local authorities want to work with  the Government on particular points in addressing   any of their potential concerns, or other  issues that could arise, we want that to happen.

    I touched on the areas that we consulted on  that we are not taking forward. We have taken   a constructive approach to that with the  establishment of a joint working group and   the deferring of any further changes to 2027 at  the earliest. That demonstrates the Government’s  

    Balanced and proportionate approach. It is very  much in the spirit of constructive partnership. For the reasons that we have set out, we  believe that we have to take forward these   regulations at this time, given the significant  risks that could ensue if we did not do so.

    Does the Scottish Government believe that  it would be worth its while to clarify the   rules that relate to council capital loans and the   economic assessments of the value  and sustainability of such loans? If local authorities would welcome clarification  on specific areas of, or any matter in,  

    The broader regulatory environment, we  would want to engage on that constructively.   I ask Elanor Davies whether she has a  response to any specific points in that area. Yes. Those rules will be clarified.  Statutory guidance will be issued   in support of the regulations,  which will set out clearly how  

    Local authorities are to account for  loans fund advances and repayments. Thank you. That concludes our questions in that  evidence session. I appreciate the   minister’s and officials’  provision of information. We turn to agenda item 7,  which is consideration of   the motion on the instrument. I invite  the minister to move motion S6M-12003.

    That the Local Government, Housing  and Planning Committee recommends   that the Local Authority Amendment  Regulations 2024 be approved.— The committee will publish,  in the coming days, a report   setting out its recommendations on the instrument. At the start of the meeting, we agreed to take  

    The next item in private. I therefore  close the public part of the meeting.

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