The Bill makes changes in the law in relation to housing.
These changes cover protections for tenants, preventing homelessness, and other housing matters.
This is a Government bill
The Bill was introduced on 26 March 2024 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
The Bill has six main Parts.
Part 1 relates to the rent paid by tenants under private residential tenancies. It includes:
Part 2 places duties on the First-tier Tribunal for Scotland and the courts. This includes considering delays to carrying out an eviction order for private and social housing tenants. It also changes how damages for unlawful eviction are calculated.
Part 3 introduces new rights:
Part 4 makes changes to other matters affecting tenants, including:
Part 5 of the Bill relates to homelessness prevention. Changes include:
Part 6 deals with other housing matters including:
The Scottish Government introduced the Bill to deliver its rented sector strategy, A New Deal for Tenants, and some policy ideas for housing as set out in Housing to 2040, while also seeking to deliver on an ambition to end homelessness.
Housing (Scotland) Bill as introduced (4MB, pdf) posted 26 March 2024
Explanatory Notes (278KB, pdf) posted 26 March 2024
Policy Memorandum (502KB, pdf) posted 26 March 2024
Financial Memorandum (842KB, pdf) posted 26 March 2024
Delegated Powers Memorandum (306KB, pdf) posted 26 March 2024
Statements on legislative competence (132KB, pdf) posted 26 March 2024
Explanatory Notes (371KB, pdf) posted 26 March 2024
Policy Memorandum (674KB, pdf) posted 26 March 2024
Financial Memorandum (877KB, pdf) posted 26 March 2024
Delegated Powers Memorandum (375KB, pdf) posted 26 March 2024
Statements on legislative competence (160KB, pdf) posted 26 March 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.
Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
The Bill was introduced on 26 March 2024
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 24 April 2024, Parliament agreed motion S6M-12949, that consideration of the Housing (Scotland) Bill at Stage 1 be completed by 29 November 2024.
The lead committee for this Bill is the Local Government, Housing and Planning Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Committee asked for written views on the Bill from organisations and individuals, to help it think about ways that could improve the proposed law, and if the draft Bill should be passed into law by the whole Parliament.
The Scottish Parliament Information Centre (SPICe) has produced a summary of written submissions.
Read the summary of written submissions (251KB, pdf) posted 06 June 2024
The call for views closed on 17 May 2024.
In order to inform its consideration of the Housing (Scotland) Bill, the Committee established two lived experience panels. One was made up of tenants in the private rental sector and the other of landlords in the private rental sector. Over the course of a series of meetings the panels agreed on recommendations to inform the Committee's scrutiny of the Bill. Panel members shared these recommendations with committee members and they will be drawn upon by members as they scrutinise the Bill. The agreed recommendations of both groups can be accessed via the links below.
Tenants in the private rental sector recommendations (177KB, pdf) posted 29 August 2024
Landlords in the private rental sector recommendations (163KB, pdf) posted 29 August 2024
A submission from the Scottish Association of Landlords, 20 June 2024
A letter to the Minister for Housing, 19 June 2024
A letter from the Minister for Housing, 14 June
See a full list of Stage 1 correspondence
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Lived experience engagement – facilitated by Crisis on 10 June 2024 (92KB, pdf) posted 25 June 2024
The Social Justice and Social Security Committee published its report on Part 5 (homelessness prevention) and Part 6 (other housing matters -fuel poverty) of the Bill on 20 September 2024.
Letter from the Minister for Housing providing a supplementary update on my engagement with stakeholders over the summer period
Letter from the Minister for Housing providing further evidence on the Housing (Scotland) Bill, 24 June 2024
Written submission by Professor Suzanne Fitzpatrick as a follow up to the evidence session on 13 June 2024
Briefing note from the City of Edinburgh Council
See a full list of Stage 1 correspondence
Letter from the Convener to the Minister for Housing of 25 June 2024
See a full list of Stage 1 correspondence
The Delegated Powers and Law Reform Committee published its report on 4 September 2024.
Letter from the Cabinet Secretary for Social Justice to the Convener, 18 June 2024
Letter from the Convener to the Cabinet Secretary for Social Justice, 6 June 2024
See a full list of Stage 1 correspondence