Tenant Protection Act becomes law

Rents frozen and most evictions prevented

Emergency legislation giving tenants increased protection from rent increases and evictions during the cost of living crisis has become law after receiving Royal Assent.

The Cost of Living (Tenant Protection) Act gives Ministers temporary power to cap rent increases for private and social tenants, as well as for student accommodation.

This applies to in-tenancy rent increases, with the cap set at 0% from 6 September 2022 until at least 31 March 2023, effectively freezing rents for most tenants during this period.

Enforcement of eviction actions resulting from the cost crisis are prevented over the same period except in a number of specified circumstances, and damages for unlawful evictions have been increased to a maximum of 36 months’ worth of rent.

Tenants’ Rights Minister Patrick Harvie said: “Many people who rent their homes are facing real difficulties as a result of the cost of living crisis. While bills are rising for all of us, many tenants are more exposed as they are more likely to be on low incomes or living in poverty than other people.

“These measures aim to give tenants greater confidence about their housing costs and the security of a stable home.

“Some landlords may be feeling the effects of this crisis too. So while the primary purpose is to protect tenants, the emergency measures also include safeguards for those landlords who may be impacted. 

“For anyone struggling with their rent, I would urge you to contact your landlord, an advice organisation or a tenants’ union to get help as early as possible.”

Edinburgh Lettings Agent Clan Gordon has been looking at what this means for the landlords and tenants that they represent.

Clan Gordon Managing Director, Jonathan Gordon, was part of the Scottish Government’s working Group which consulted on and helped them develop the Private Residential Tenancy (PRT) regime in 2017 which transformed the sector, introducing far greater protection for tenants and simpler procedures for landlords.

He said: “It is reassuring to hear Ministers say the new Cost of Living (Tenant Protection) Bill balances the protections that tenants need, with safeguards for those landlords who may also be impacted by the financial crisis.

“Under the new law, rents for existing private and social housing tenants cannot be increased until at least the end of March 2023 and can be extended for up to a further 12 months in two six-month blocks.” 

So, what does this mean for landlords? Although the rent cap can continue at the current 0% rate or can be varied at ministers’ discretion, there is no cap or limit on increasing the rent when advertising for new tenants.

Jonathan continued, “Despite the media attention when this was announced this is not a ban on landlords ending tenancies.  Landlords can still serve notice as normal if they wish to end a tenancy.

“Most tenants leave during the notice period when they find alternative accommodation so this restriction will have little effect here. If the tenant doesn’t leave during the notice period, the landlord can apply to the tribunal for an eviction order as normal.

“However, the legislation delays a landlord from enforcing an eviction order issued by the tribunal in some circumstances for up to six months.

“Tenants can still be evicted for anti-social behaviour, lender reposition,  abandonment, substantial rent arrears or if the landlords intend to sell or move back in to the property to alleviate financial hardship.

“We are also very pleased to see that as well as considering the tenants in this legislation, there are new safeguards for private landlords who find themselves impacted by the cost-of-living crisis.

“In certain circumstances, Landlords will be able to apply to Rent Service Scotland to increase the rent on a property to cover up to 50% of a limited number of specific costs, including increased mortgage interest payments and increases in landlords insurance or service charges. 

“Interestingly the rent cap also applies to university halls of residence and other student accommodation where energy costs may be included in rent payments.

“There has been widespread concerns about increases to fuel prices, but the legislation prevents landlords passing on gas and electricity cost rises, in increased rents within the next six months unless the landlord can prove excessively high use of any utilities. 

“Students are also covered by the same eviction laws and can only be evicted in cases of anti-social or criminal behaviour. 

“Our approach has always been to encourage landlords to help us support any tenant who faces any difficulties including financial ones and in conjunction with  our landlords we worked to support a lot of tenants financially and otherwise during the Covid pandemic and lockdowns.

“This is going to be a difficult road ahead and we are pleased that the government has put some measures in place to support and protect landlords and tenants. 

The government  advice  website www.costofliving.campaign.gov.scot offers helpful tips, advice and guidance and our team will be very happy to offer advice about the new legislation to those affected by the current cost of living crisis.”

To schedule a call with a Clan Gordon  advisor, visit www.clangordon.co.uk

The Cost of Living (Tenant Protection) (Scotland) Act was approved by the Scottish Parliament on 6 October. It delivers a Programme for Government commitment.

Further information about the Act is available on the Scottish Government website.

Ministers have the power to vary the rent cap while it is in force, and the measures could be extended over two further six-month periods.

Scotland facing a ‘monumental but essential task’ on eco housing, says Patrick Harvie

Scotland faces a “monumental but essential task” if it is to overhaul its aged housing stock and find practical solutions to reduce emissions and address the climate emergency.

That was the message from Patrick Harvie yesterday as he officially opened the first-ever Green Home Festival as part of the Edinburgh Festival Fringe.

The Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights was the keynote speaker at the launch of the five-day renewables event, which has been organised by the Construction Industry Collective Voice (CICV).

Speaking to delegates at the Scottish headquarters of the Royal Institution of Chartered Surveyors (RICS), Mr Harvie outlined the scale of the challenge and some of the measures the Scottish Government was taking to try and tackle today’s environmental issues.

The Scottish Greens co-leader said: “Our homes and workplaces account for around a fifth of Scotland’s total greenhouse gas emissions. Our statutory target for 2030 means that we need to reduce emissions from heating buildings by 68% below their level in 2020.

“This is a monumental but essential task. Our building stock is relatively old, and wasn’t always built to high energy standards. This legacy of poor energy efficiency has contributed to emissions and fuel poverty, so we need to start drastically improving that standard.

“By 2030, we want to see a large majority of homes achieving a level of energy efficiency at least equivalent to an EPC C – with all homes meeting that standard by 2033, where feasible and cost effective. This will reduce emissions from our buildings, but it will also help make our energy more affordable, by removing poor energy efficiency as a driver of fuel poverty.”

Mr Harvie, who is a list MSP for the Glasgow region, also warned that, as well as improving energy efficiency, Scotland needs to switch to zero direct emissions heating.

He said: “Meeting our 2030 target means that we need over a million homes and the equivalent of 50,000 non-domestic buildings to switch from fossil fuels. This is a huge transition, affecting communities, businesses and homes across Scotland.

“Getting there will need a much faster installation rate for these zero direct emissions heating systems. In recent years that rate has been around 3,000 homes annually, but we need to reach around 200,000 each year in the latter part of this decade.”

Mr Harvie also said that the cost of living crisis and unprecedented surges in energy prices make the challenge even harder and the government can’t foot the bill on its own.

He said: “Our funding will make a huge difference to the heat transition. But the cost of transforming our building stock – around £33 billion to 2045 – can’t be met by government alone.

“Our Green Heat Finance Task Force is now working on innovative solutions to maximise private sector investment, and to find new ways to help spread the upfront cost of making properties warmer, greener and more energy efficient.”

Mr Harvie concluded: “We know there will be more issues to resolve and we intend to tackle these collaboratively, drawing on the best knowledge and ideas from across society.

“The climate emergency is already here. But if we adopt many of the actions and ideas being discussed at this week-long Green Home Festival, they will stand us in good stead to mitigate its worst consequences.”

Mr Harvie was guest of honour at the event at 10 Charlotte Square in central Edinburgh, where delegates gathered to kick of a week-long series of events delivering practical assistance and advice to help Scotland become a net zero nation.

Other speakers at the launch included Green Home Festival co-organiser Gordon Nelson, Scotland Director of the Federation of Master Builders, and Sandra Cummings, a Director at Faithful+Gould and Vice Chair of the RICS Scotland Board.

Mr Nelson said: “We were grateful to Mr Harvie for opening the Festival and we share his view that the time for waiting is over and urgent action is needed now.

“It is more important than ever that the construction industry and government work together to find practical solutions that help us build the net zero nation needed for future generations.”

The Green Home Festival will deliver 12 in-person and virtual presentations on green topics, targeting homeowners, construction professionals, housing associations and local authorities.

With contributions from organisations including SEPAHome Energy Scotland, SELECTSNIPEFGardiner & Theobald LLP and Atelier Ten, the range of topics will include:

·          Protecting from flood risk

·          Using sustainable materials

·          Demystifying heat pumps

·          Retrofitting tenements

·          Building sustainable neighbourhoods

·          An introduction to electric vehicles (EVs).

One online session, Taking the Swedish View, will see a presentation by award-winning Swedish construction company, Botkyrkabyggen, who use solar panels, windmills, artificial intelligence and district heating to improve energy efficiency.

In another event, Living Safely in the Future, experts from Electrical Safety First will outline what householders can do to ensure their homes are protected properly when installing the innovation and technology that is already becoming a part of everyday life.

Full details, including how to book tickets for each event, are available on the Festival’s website at greenhomefestival.co.uk.

The festival is the latest in a string of practical and constructive initiatives launched by the CICV since its creation at the start of the pandemic in March 2020.

Made up of 29 trade associations, professional services bodies and companies, it has maintained a steady supply of information and practical advice to the sector as well as carrying out surveys, producing animations and posters, hosting webinars and maintaining close dialogue with Scottish Government ministers.

Transforming heating in new homes

Proposals for all new buildings to be fitted with climate-friendly alternatives to fossil fuel heating systems have been published.

The New Building Heat Standard (Part II) consultation sets out plans that would mean direct emissions heating systems (DEH), such as those run on fossil fuel, would no longer be installed in any homes and non-domestic buildings warranted from April 2024. They would be replaced by alternatives such as heat pumps, solar and electric energy.

To launch the consultation, Zero Carbon Buildings Minister Patrick Harvie visited Saughton Park and Gardens in Edinburgh, where two ground source heat pumps provide the buildings’ heat.

Mr Harvie said: “Scotland’s homes and buildings account for approximately a fifth of all our emissions, and we know that we need to take bold, ambitious steps to ensure we meet our climate obligations.

“New buildings will lead the way in cutting emissions, and earlier this year we published new energy standards that will cut emissions of all new-build homes by nearly a third.

“The proposed regulations are another major change to achieve our climate targets and make our homes and buildings warmer, greener and cheaper to run.

“We have been working with industry to inform the development of the proposed new regulations and I would urge individuals and organisations to share their views to help shape and inform their delivery.”

The New Build Heat Standard Part II consultation runs for 12 weeks until 20 October 2022.

Patrick Harvie to launch Edinburgh’s first Green Home Festival

A week-long series of events delivering practical assistance and advice to help Scotland become a net zero nation will be officially opened on Monday 8 August 2022 by Patrick Harvie as part of the Edinburgh Festival Fringe.

The Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights will be the keynote speaker at the launch of the Green Home Festival, which has been organised by the Construction Industry Collective Voice (CICV).

The five-day event will see the delivery of 12 in-person and virtual presentations on green topics, targeting homeowners, professionals, housing associations and local authorities.

Mr Harvie said: “This inaugural Green Home Festival is greatly to be welcomed and its organisers, the members of the CICV, warmly congratulated on the initiative.

“The climate emergency is already upon us, and if we’re to stand a chance of preventing its worst consequences we need both government and industry to support a transformation of our homes and buildings.

“Many of the actions and new ideas needed are being advocated by the expert speakers and presenters over the week-long Green Home Festival programme.”

Live Green Home Festival sessions will take place at the Royal Institution of Chartered Surveyors (RICS) at 10 Charlotte Square in central Edinburgh.

Each will offer demonstrations and hands-on guidance to help people reduce their carbon footprint and become more energy efficient.

With contributions from the likes of SEPAHome Energy ScotlandWoolgar Hunter and Pike + Bambridge, the range of topics covered by the week of events will include:

·            Retrofitting tenements

·            Building sustainable neighbourhoods

·            Using sustainable materials

·            Protecting from flood risk

·            Demystifying heat pumps

·            An introduction to electric vehicles (EVs).

In addition, one session, Taking the Swedish View, will see a presentation by award-winning Swedish construction company, Botkyrkabyggen, who use solar panels, windmills, artificial intelligence and district heating to improve energy efficiency and promote fossil-free operations and environmental sustainability.

In another event, Living Safely in the Future, experts from Electrical Safety First will outline what householders can do to ensure their homes are protected properly when installing the innovation and technology that is already becoming a part of everyday life.

Members of the CICV are now aiming to build the week-long green jamboree into an annual event.

One of the organisers, Gordon Nelson, Scotland Director of the Federation of Master Builders, said: “This event will highlight the important role that construction will play for Scotland to achieve its net zero target in the years ahead, and also help householders understand the new technology and ways of doing things that will be involved.

“Delivered via collaboration across the Scottish construction industry through CICV, we are aiming to make this inaugural event an annual occasion that will help to build a long-term legacy and demonstrate our commitment to greener, low-carbon solutions.”

Full details, including how to book tickets for each event, are available on the Festival’s website at greenhomefestival.co.uk.

The festival is the latest in a string of practical and constructive initiatives launched by the CICV since its creation at the start of the pandemic in March 2020.

Made up of 29 trade associations, professional services bodies and companies, it has maintained a steady supply of information and practical advice to the sector as well as carrying out surveys, producing animations and posters, hosting webinars and maintaining close dialogue with Scottish Government ministers.

Tackling the cost of living crisis

Support is being expanded to improve the energy efficiency of homes and tackle energy costs.  

In response to the cost of living crisis, three key Scottish Government energy efficiency and heat programmes will be boosted from April.

These include:

  • Expanding the Home Energy Scotland (HES) advice service, which provides free, impartial advice available to all households in Scotland on making homes warmer, greener and easier to heat. Capacity will be increased by 20% to support an extra 12,000 households a year, whilst a service offering bespoke advice to the most vulnerable households will be doubled.
  • Widening the eligibility criteria of the Scottish Government’s flagship Warmer Homes Scotland fuel poverty programme to include more groups within the 60 – 75 years age range.
  • Increasing the level of funding individual fuel poor households could benefit from through the local authority-led Area Based Schemes.

More than £160 million of funding is being invested this year to help make Scotland’s homes and buildings warmer and more efficient, supporting efforts to tackle fuel poverty whilst helping householders manage their energy bills and reduce carbon emissions.

Zero Carbon Buildings Minister Patrick Harvie said: “Everyone needs a safe, warm place to call home. I am acutely aware that soaring energy prices will be causing many people to worry about the cost of their fuel bills and it is vital that people struggling with energy bills get the information and support they need, while governments step up with appropriate actions.

“We are using all powers and resources available to us to support people through the cost of living crisis and the Scottish Budget last month included a package of measures to provide immediate help with rising bills. At the same time, powers relating to energy markets remain reserved and we have repeatedly called for the UK Government to urgently take further, tangible actions to support households.

“However, immediate help also has to go side by side with longer term action. Investing in energy efficiency is the best buffer against the ebb and flow of global energy prices.  That is why we are boosting energy efficiency programmes today and over the whole parliamentary term.”

Householders can access free and impartial support through Home Energy Scotland to improve the energy efficiency of their homes.

Home Energy Scotland can be contacted on their freephone number 0808 808 2282 or via the Home Energy Scotland website

Cooperation deal: Scottish Green pair to become junior ministers

First Minister Nicola Sturgeon has announced her intention to appoint two new Ministers following the approval of the historic Bute House agreement.

For the first time anywhere in the UK members of the Green Party will enter government and for the first time since devolution a formal cooperation agreement will be in place in Scotland.

Patrick Harvie will be Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights, working with the Housing Secretary and Net Zero Secretary.

Mr Harvie’s responsibilities will include driving policy changes that shift Scotland away from reliance on high carbon modes of transport and heating and towards greener alternatives – essential as part of the push towards a net zero economy by 2045.

Ensuring fairness during that transformation will also be key, and Mr Harvie will lead on delivering a new deal for tenants, and ensuring building standards are fit for purpose.

Lorna Slater will take on the role of Minister for Green Skills, Circular Economy and Biodiversity, working with the Finance and Economy Secretary and Net Zero Secretary.

Ms Slater will drive a Green Industrial Strategy, helping people access training and opportunities as part of a net zero Scotland, and ensuring our economy is supported through a just transition to net zero.

Supporting biodiversity and protecting our national parks and natural heritage will also form part of Ms Slater’s role, working closely with NatureScot and Zero Waste Scotland and supporting the development of a circular economy that minimises the impact on our natural environment.

The First Minister said: “This historic cooperation agreement is founded in a shared drive to work together in the Scottish Government to build a greener, fairer, independent Scotland.

“We have massive challenges to overcome: a global pandemic and its lasting effects, the climate emergency and the assault by the UK government on the powers of our Parliament. Patrick and Lorna’s roles in Government are rightly at the heart of facing up to them, and the expertise and passion they bring with them will contribute greatly to defining Scotland’s path forward in doing so.

“Although our parties do not agree on everything we have been able to compromise on both sides, find common ground and agree on areas where we can work together to build a better country.

“The world has had to adapt quickly to respond to the fast-paced and changing nature of the pandemic but what it has shown us is that we can put politics aside to tackle the challenges in front of us decisively and in a way that delivers. I look forward to working with my new Green Party colleagues in this new and ambitious way.”

Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights Patrick Harvie said: “We are at a crucial tipping point in terms of our relationship with the planet.

“I am thrilled at the opportunity to drive forward policies that enhance peoples’ lives while supporting the urgent goal of tackling the climate emergency as we emerge from the pandemic.”

Minister for Green Skills, Circular Economy and Biodiversity Lorna Slater said: “Any transition to net zero must be just, and my focus will be on delivering policies that support our workforce and wider economy through that change as well as ensuring our greener future is also a prosperous and fair one that benefits our natural environment.”

Deal sealed: Green Party members approve cooperation agreement

Scottish Green Party members have approved the party’s cooperation agreement, clearing the way for co-leaders Patrick Harvie and Lorna Slater to become Scotland’s (and the UK’s) first Green ministers.

The agreement was approved overwhelmingly by members at a meeting yesterday and ratified by the party’s national council afterward.

Patrick Harvie MSP said: “I am delighted that our party members have given their support to this historic cooperation agreement that will see Greens enter government for the first time in Scotland, or indeed anywhere in the UK.

“With Greens in government we will be able to deliver positive change for the people of Scotland.”

Lorna Slater MSP said: “Scottish Green Party members are thoughtful and considerate, and I am pleased that having discussed and debated this agreement in great detail they have decided to take this historic step into government.

“The time has come for Scotland to step up efforts to decarbonise our economy and invest in a fairer, greener future. There’s no time to waste and I’m looking forward to start work on our transformative agenda in the coming days.”

Welcoming the agreement reached with the Scottish Green Party, First Minister Nicola Sturgeon said: “I am delighted that members of both the Scottish Green Party and the SNP have agreed that we should work together in the Scottish Government to build a greener, fairer, independent Scotland.

“This historic agreement will provide a strong platform for the transformative programme we want to deliver. We will work collaboratively to support a fair recovery from Covid, address with urgency the impacts of the climate emergency, and give the people of Scotland a vote on independence.

“The agreement recognises that co-operation and consensus are essential to finding the practical solutions to the big challenges we face, and it echoes the founding principles of our Parliament.

“While our parties do not agree on everything, we have much common ground. We also have a determination – and indeed a responsibility – to look beyond our differences to build a better country.

“I look forward to working collaboratively with the Scottish Greens in government, and with all parties in parliament, to achieve this.”

The Scottish Conservatives, the main opposition party at Holyrood, reckon the deal creates a nationalist ‘Coalition of Chaos’.

“The SNP-Green coalition of chaos will hammer drivers. The Greens want to see essential road upgrades scrapped and most cars forced off the road within just a few years.”