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The programme for government includes a commitment to introduce the housing bill to deliver the new deal for tenants, which will include the introduction of long-term rent controls and other tenants’ rights, as well as new prevention of homelessness duties. I hope that members and stakeholders will take confidence from the inclusion of that commitment in the programme for government. The precise date of introduction of a new bill is always a slightly moveable feast, but we have the commitment to take that work forward and are continuing to work with a range of stakeholders to ensure that we shape that bill as effectively as possible.

I share the concern about the matter, although I am not sure that I would use the word “loophole”. The situation is a consequence of the fact that the emergency legislation could take only temporary steps and that it was not possible to use it for a fundamental restructuring of, or major surgery on, private residential tenancy. The current legislation gives the landlord the right to decide not to agree to continue an existing tenancy when one joint tenant leaves.

The intention, of course, behind designing the PRT in that way—this is going back a good number of years—was to avoid a situation in which others were made homeless because one person chose to leave a joint tenancy. I do not think that it was the wrong decision to take that approach, but we need to recognise that one of the consequences was that the emergency legislation was not able to address that particular circumstance. Once again, I come back to the point that it highlights the need for us to make good on the longer-term commitments, including the new housing legislation and the new deal for tenants. As part of our work on developing that, we are looking at joint tenancy issues, including the existing approach to ending joint tenancies.

We are confident that the skills base in Scotland and the supply chain are already growing and that, in terms of the Scottish Government’s commitment to take forward regulations—in this instance, on new build and, in the longer term, on the wider heating standard for Scotland’s existing housing stock—the regulations are necessary to give confidence to the industry that it is worth its while investing in those skills and in the wider supply chain capacity.

The one thing that we could do to guarantee that we would not see the growth in capacity that we need would be to decide not to take these steps or to delay or defer them until that capacity had grown to where it needs to be.

This is a long-term trend, and the commitment to decarbonising buildings right through to 2045 means that we will need continued growth in the sector over the long term.

Of course, this particular measure is not new to anyone. The first of the two consultations finished about two and a bit years ago, and there were indications of the direction of travel for a long time before that. I mentioned the Sullivan report, for example. The measure does not come as a surprise to the industry. Although it will apply to all buildings that get their building warrants from April next year, the phasing in means that there will be time for the industry to adjust. Developments that are being taken forward with existing building warrants that go through the process before April next year will continue to have that time to adjust. However, the number of developers that are already adopting the measure demonstrates an appetite to embrace the change, and I very much welcome that.

We are working very actively with industry to explore every option to increase capacity. For example, a recent development is the mobile heat pump training unit, which will enable those skills to be shared in places where there is not necessarily a college location or another place to site them and the mobile training unit will be of benefit.

I have visited both commercial and college sector training facilities that are gearing up and skilling up. The time that it takes to convert an existing gas engineer so that they have the skills to install heat pumps is relatively short. The conversion course takes a matter of weeks, rather than our having to train people up from scratch. The capacity is not non-existent at the moment. There is simply a need to transition the skill set from previous technologies—from what I call 20th century heating solutions—into those that will be dominant in the 21st century.

I do not know whether Gareth Fenney wants to say any more about the skills side.

First, that particular measure has to be seen in the context of the wider changes. Some of your witnesses in the earlier session talked about decarbonising and moving to electric sources and whether all that is happening at the same time as the installation of electric vehicle charging points and other changes that are going to be necessary if we are to reach our carbon emission targets. The way in which we produce, store and consume energy is changing, and inevitably that will have an impact on the grid.

The fact is that the decisions on such investment are made by Ofgem, which will look at the number of heat pumps, EV charging points and so on that will be required. As well as the direct numbers that it provides, however, it has also set out what is called an uncertainty mechanism, which allows developers to say, “We need more capacity here” and allows distribution network operators to be part of that process.

We believe that there will be enough capacity for the changes that we are bringing in. We also know that, in certain areas, retrofitting might be more problematic than new build—indeed, some witnesses acknowledged as much in the previous session—but we are already bringing together a wide range of organisations, including the DNOs in Scotland, in a working group that shares those perspectives. It will not only work out how we resolve some of the issues that exist within Scottish Government powers but set out how we can make the case for any changes that might be required at UK level. Claire Jones might be able to say more about some of the more technical aspects, but there is no getting away from the fact that reaching our net zero targets is not just about how we build things but about the redesign of our energy system more generally.

The other thing that I would connect to the work that we are doing here is demand reduction. The most effective way in which we can reduce the extra load on the grid is to build really energy-efficient homes and buildings in the first place. If we are going to electrify heat, everything that we do to reduce heat demand will also reduce electrical draw.

Absolutely. The increase in intra-tenancy rents is significant. It is significant both down south and here, partly because of economic circumstances and partly because of the unregulated nature of those rental increases. For me, that reinforces the need to continue to make progress on the development of the new housing bill and a rent control system for Scotland that will be fully effective, rather than our relying on emergency legislation that can protect only people in tenancies. The 2022 act, as emergency legislation, was only ever going to be able to do that. It was also only ever going to be temporary, as it has to be subject to the continual test of necessity and proportionality.

It is very clear that the affordability issues in the private rented sector more generally require longer-term reform, which the Scottish Government is committed to.

That question is hugely important, and Ivan McKee is right to point to that power in the legislation. It allows an adjustment to be made to the rent adjudication process, the idea of which is to prevent an immediate cliff edge when the temporary emergency legislation is switched off. We are still at the point of exploring the options to make the most effective use of that power. I am afraid that I am not able to publish detailed proposals on that, but we can expect them to come forward in time for expiry of the rent cap.

I turn to Yvette Sheppard. Are we able to say anything more at this point on the expected timescale? I know that dialogue has taken place on the subject with stakeholders, too.

I come back to the difference between the longer-term development of housing policy and legislation, the new housing bill and the homelessness prevention duties and the good level of dialogue that we are having with the sector in the broadest terms as we take forward that work and, in this instance, the specific tests that we have to go through that were required under the Cost of Living (Tenant Protection) (Scotland) Act 2022 to justify the necessity and proportionality of not only continuing but, in this case, extending the provisions. Under the legislation, we remain under the duty to keep that test of proportionality and necessity under on-going review and to expire provisions that we can no longer justify in those terms. The extension to next March at the latest does not remove the requirement on us to continue to carry out that on-going review.

I had a meeting with Graeme Dey the other week and we talked about the connections between the Scottish Government’s approach to what we are trying to achieve in energy terms, the impact on skills and the potential role that the college sector can play. There are a great many colleges around the country, and one of the first that I visited in this role was in Dumfries, in the south of Scotland. It was investing in additional capacity because it knew that that demand was coming and that those skills would be needed. I challenge the idea that it is only happening in the central belt or in big cities—it is happening around the country.

Inevitably, a great many of these decisions about the capacity for training and skills around the country will be determined by the industry’s demand for such skills. That is why, as I said earlier, the Government’s approach to regulating—which is to create demand in the first place—is absolutely central to giving industry the confidence to invest. If it knows what skills will be required and what demand will be generated, it will ensure that those skills are invested in and supplied and that we have that wider supply chain capacity. The one thing that we could do to imperil investment in skills or the wider supply chain is to say, “Actually, we’re going to take a step back and delay or water down the regulations.” The regulations are a necessary part of setting the conditions for the investment that we need.

It is nice to be back with the committee again. I am pleased to be here to present the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Date) Regulations 2023.

As colleagues know, the 2022 emergency act came into force on 28 October last year and, since then, has provided additional protection for tenants in what remain challenging economic times. The act originally ran to 31 March 2023 and has been extended once, until the end of this current month.

In June, I published a statement of reasons for the second proposed extension of the emergency act. As part of that report, and in line with the requirements of the act, I set out the intention for the measures in the act to be extended for a further, and final, six months to 31 March 2024.

The report provides updated data and economic analysis that shows that the challenging economic position has not yet fundamentally changed and that many households in the private rented sector in particular continue to struggle. For example, according to recent YouGov polling for the Scottish Government, in August 2023, levels of concern in relation to paying rent were twice as high in the private rented sector, at 27 per cent, compared to those in relation to paying rent or mortgages across all tenures as a whole, at 12 per cent. That has not improved since the polling in March 2023.

It was recently announced that the energy price cap will reduce, but it is reducing from a very high level, and the positive impact on fuel poverty rates is offset by the UK Government’s decision to withdraw the energy bills support scheme, under which £400 was paid to all households last winter.

Meanwhile, the freezing of local housing allowance rates by the UK Government for the third consecutive year is yet another reason why those in lower-income households in the private rented sector who access local housing allowance will find it more difficult to afford rental properties.

The picture has changed somewhat since a year ago, but circumstances remain very difficult for many tenants, and many households that are on low and modest incomes continue to feel the strain of cost of living pressures. For those reasons, the regulations seek to extend the application of part 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 in its current form—including the rent cap measures for the private rented sector, the eviction moratorium provisions across all rented sectors that the act covers, and other important protections—until 31 March 2024 at the latest.

In reaching that position, I have reflected on the views that stakeholders and partners have expressed and I have sought to find the right balance, under the statutory duty, to ensure that the provisions do not remain in place for longer than is necessary in connection with the cost crisis. I also recognise the on-going impacts that the cost crisis is having on some private landlords. The private sector rent cap is set at 3 per cent, but there is a safeguard for landlords, who can alternatively opt to apply to rent service Scotland for a rent increase of up to 6 per cent if their defined, prescribed property costs have increased within a specified period. I know that some landlords are using that safeguard—1,031 of them had submitted such an application to rent service Scotland as of 1 September.

I turn to our proposed continuation of the eviction moratorium provisions. Tenants in the private and social rented sectors, and those who live in student accommodation, will continue to benefit from the additional time to find alternative accommodation that the six-month pause in the enforcement of eviction action provides. In addition, they are protected from private landlords seeking to end a tenancy in order to raise rents above the cap, and the provisions reduce unlawful evictions by increasing the level of damages that are payable.

As with the rent cap, the eviction moratorium provisions include a number of safeguards for landlords. Those recognise that there are circumstances when enforcement of an eviction order or decree should proceed to protect communities—for example, in instances of serious antisocial behaviour—and to strike an appropriate balance between the protection of tenants and the rights of landlords.

In summary, the latest evidence shows that the cost crisis is still very much with us. It is crucial that we continue the remaining protections in the 2022 act beyond 30 September. If the committee agrees to recommend approval, it will remain the case that, for this final period, I will continue to keep the measures under review, to consider their on-going necessity and proportionality and to advise the Parliament through regular reporting—the next report is due to be laid no later than 14 October.

I thank the committee for its continued interest in the issue and for its scrutiny of the regulations. I am happy to answer any questions that members have.