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Once the rent cap, under Part 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022, is expired rent increases which may be proposed by landlords will proceed under the framework set out in the 2016 Act. Where tenants consider the proposed increase to be unreasonable, the emergency Act provides Scottish Ministers with the ability to temporarily modify how rent increases referred by a tenant are adjudicated. Any proposed modification would be subject to the approval of the Scottish Parliament, and the intention of any changes to the adjudication process would be to smooth the transition out of the rent cap and protect tenants from steep rent increases.

It is proposed that, when the emergency rent cap is removed, the rent adjudication process would be amended to require a rent adjudication determination to be based on the lowest of three comparators:

1. open market rent;

2. the new rent proposed by the landlord; and

3. a maximum ‘reasonable’ increase for that tenancy, to be defined by reference to a new ‘taper’ that supports a transition away from the rent cap

Application of such an approach means that market rents would continue to be taken account of in rent adjudication whilst allowing for moderation where the move back to current market rent in a single rent increase would be a significant increase for a tenant.

We are currently consulting with stakeholders on the proposed approach to modifying the rent adjudication process.

The Scottish Government publishes Homelessness in Scotland statistics on an annual basis, which provides trends for key aspects of homelessness in Scotland including homelessness applications, assessments, the use of temporary accommodation and outcomes. The latest statistics for 2022-23 can be found here: Homelessness in Scotland: 2022-23 - gov.scot (www.gov.scot) .

We continually monitor and report on applications and grounds for evictions to assess the impact of the moratorium, and we will continue to monitor this data as we transition out of the emergency measures. Scottish Government officials are also in regular contact with the Scottish Courts and Tribunals Service on costs relating to private rented sector cases.

We are also consulting with stakeholders on the proposed approach to modifying the rent adjudication process, to prevent unintended consequences when the emergency measures come to an end.

The latest Private Sector Rent Statistics for Scotland show how rents charged by private landlords in Scotland have been rising for more than a decade, and are yet more evidence of the importance of taking action to make rents more affordable. There is no one solution to addressing housing affordability and our work to introduce long term controls as part of the next Housing Bill is one measure being taken forward.

The emergency Act provides Scottish Ministers with the ability to temporarily modify how rent increases referred by a tenant are adjudicated. Any proposed modification would be subject to the approval of the Scottish Parliament. Any changes made to the adjudication process would be intended to smooth the transition out of the rent cap and protect tenants from steep rent increases which could be experienced if there is a sudden move to open market rent from rent levels that have been supressed.

We are currently consulting with stakeholders on the proposed approach to modifying the rent adjudication process and will publish further information in due course.

The data set available which can be used to calculate occupancy levels for Scottish Government (SG) core buildings has been developed into a table format for years 2020 - 2024. This information can be obtained from The Parliaments Information Centre Bib number 64841.

The percentages represent the number of attendees on the first Tuesday of each month against the workstation spaces available within that building. Data is no longer available for 2019 or before and is only available for part of 2020 due to limitations on information retention periods.

During 2023 SG committed to a flexible hybrid working model for its workforce, enabling staff to work from a range of settings. Managers have flexibility to work with their teams to determine a model that ensures business needs are met. The shift to hybrid working is being built into future estate planning and our Estate Strategy. In light of the changing expectations the SG core estate is under review with all opportunities to right-size considered which can both reduce SG costs and contribute to the wider Public Service Reform agenda. Estate Planning for the entire portfolio continues in line with guidance in the Scottish Public Finance Manual (SPFM).

Over the last 12 months SG have closed 3 leased buildings in Edinburgh and 1 in Glasgow with staff and operations relocated to existing buildings all opportunities for rationalisation and sharing are utilised in line with the SPFM. A decision to close 4 Atlantic Quay has also been taken with staff being relocated to 5 Atlantic Quay in March 2024 to reflect the changes in working patterns and improve building efficiencies.

A detailed review of the Edinburgh estate will be completed during 2024 to develop a recommended approach for maximising the use of the buildings while aligning with the Single Scottish Estate Programme.

I refer the member to the answer to question S6W-23845 on 11 January 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The Cost of Living (Tenant Protection) (Scotland) Act 2022 was introduced to provide additional protections to tenants through the worst of the cost of living crisis, and we have always been clear that the measures are timebound and temporary. Prior to the introduction of the Act, private tenants in Scotland already benefitted from some of the strongest protections in the UK, and tenants will continue to benefit from the strong legal protections introduced by The Private Housing (Tenancies) (Scotland) Act 2016. In addition, the Coronavirus (Recovery and Reform) (Scotland) Act 2022 further strengthened tenants’ rights by requiring private landlords who are seeking to evict on the basis of rent arrears, to comply with certain specified actions prior to pursuing eviction. The Tribunal, in assessing the reasonableness of eviction in such cases, is also required to consider the extent to which the landlord complied with these new requirements. This enhanced protection has been in place since 1 October 2022.

In terms of support for tenants regarding housing costs, in 2023-24 we have invested over £83 million in Discretionary Housing Payments; a vital tool to reduce poverty, safeguard tenancies and prevent homelessness. In 2024-25 we will make over £90 million available, mitigating UK Government cuts such as the bedroom tax and benefit cap.

This year’s Programme for Commitment commits to go further to enhance the rights of tenants, and a Housing Bill will be brought to Parliament in this parliamentary year to deliver a New Deal for Tenants.

We are also consulting with stakeholders on the proposed approach to temporarily modifying the rent adjudication process, to prevent unintended consequences when the emergency measures come to an end.

The emergency Cost of Living (Tenant Protection)(Scotland) Act 2022 placed a temporary pause on the enforcement of evictions to help to reduce the negative impacts on the health and wellbeing of tenants caused by being evicted and/or being made homeless during the cost crisis. However, the Act allows the enforcement of eviction orders to proceed in limited circumstances. This includes cases of anti-social behaviour and criminality, to protect other tenants and the local community, cases of abandonment, to avoid empty properties, and to support landlords who find themselves in financial hardship or facing substantial rent arrears.

Ongoing reporting on the Act shows there has been a limited impact on the number of private landlords seeking to evict a tenant and there is no suggestion that the overall rate of evictions will rise following the expiry of Part 1 of the Act.

Prior to the introduction of the Act, private tenants in Scotland already benefitted from some of the strongest protections in the UK. This includes the strict legal processes that private landlords and their agents must follow to evict a tenant – failure to do so is a criminal offence, and tenants can assert their rights without fear of eviction.

It is vitally important that tenants are made aware of the existing rights afforded to them by the Private Residential Tenancy. Therefore, a key part of our work in advance of the emergency Act coming to an end, will be to raise awareness of those rights with private tenants as we support a transition away from the emergency measures.

Of the 105 entries on the Pilot Programme, sixteen Pilot Building Assessment reports have been returned to the Scottish Government for those that are Government led. Remediation of the External Wall System has been completed on one building. No buildings have been removed from the pilot and work is continuing to ensure that all 105 entries in the pilot are on a pathway to an SBA by June 2024.

On Thursday 9 November, during Portfolio Question Time at a Meeting of Parliament, relating to a question on Social Housing Waiting Lists (Support for Local Authorities) I responded to a point made by Mrs Downey MSP, as follows:

“I will make a number of points on that. When I go round speaking to local authorities and housing associations, I find that the biggest barrier to building more houses just now is inflation. Construction inflation has been around 15 to 20 per cent, which has meant that the £3.5 billion budget that we had set aside has effectively been cut in value by £700 million.”

I referenced this effective cut in value of £700 million based on construction inflation figures being between 15 to 20 per cent; 20 per cent of £3.5 billion equating to £700 million.