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.

Committee calls for clarity on Scottish Government Covid Recovery Funding

The Scottish Parliament’s COVID-19 Recovery Committee has called on the Scottish Government to clarify whether the cost crisis will affect the funding of Scotland’s Covid Recovery Strategy.

Following pre-budget scrutiny of how the Scottish Government plans to fund its Covid Recovery Strategy and the ongoing costs associated with the pandemic, the Committee have written to John Swinney MSP, Cabinet   Secretary for Covid Recovery, asking for the Committee’s views to be considered when preparing the budget.

The impact of the cost crisis was highlighted during the Committee’s evidence sessions, including concerns from witnesses over how this could affect the funding and delivery of the Covid Recovery Strategy, with some saying the crisis will pose more significant challenges for organisations, service providers and individuals than even those faced during the pandemic.

The Covid Recovery Strategy was published in October 2021, before the scale of the emerging cost-of-living crisis was apparent.

The Strategy sets out the Scottish Government’s vision for recovery, focusing on efforts to tackle inequality and disadvantage arising from the COVID-19 pandemic and states that progress towards public service reform and a well-being economy is necessary to tackle these inequalities.

Commenting, Siobhian Brown MSP, Convener of the COVID-19 Recovery Committee, said: “During our pre-budget scrutiny, we heard that the Scottish Government’s budget is approximately £1.7 billion less than it was worth in December 2021 due to inflationary pressures.

“The Committee, therefore, are seeking clarity on how this will impact the Scottish Government’s priorities and ability to deliver the outcomes as set out in the Covid Recovery Strategy and whether it intends to refresh the strategy to reflect any policy changes in light of the cost-of-living crisis.

“As the budget doesn’t commit to specific spending on COVID-19 or Covid Recovery, it’s important that there is greater clarity provided on how much funding the Scottish Government intends to commit to achieving the outcomes identified in its Covid Recovery Strategy within the upcoming budget.”

Read the Committee’s letter to @JohnSwinney from the Convener, @Siobhianayr

⤵️

http://ow.ly/jCAE50LnIfs

The Committee’s pre-budget scrutiny also set out the evidence gathered on costs associated with the Strategic Framework.

These included future pandemic preparedness, vaccinations, testing and surveillance, personal protective equipment, monitoring Covid-19 recovery and Scottish Government progress towards developing a well-being economy. 

Scotland is world’s first Daily Mile Nation

Key target to involve all 32 local authorities is met

Scottish children have stepped their way into the history books as the country is confirmed as the world’s first Daily Mile Nation.

Around 187,000 school children in all of Scotland’s local authority areas are getting active for at least fifteen minutes a day meeting the criteria agreed with the Daily Mile Foundation. More than half of primary schools are now signed up to the Daily Mile.

The initiative is proven to improve the wellbeing of children across the country, as part of wider efforts to improve overall health and reduce the pressure on the NHS over winter.

It was started by former Head Teacher Elaine Wyllie of St Ninian’s Primary in Stirling in 2012 and has grown every year – extending beyond schools into communities and workplaces and encouraging more people in Scotland to get on the move.  

The Scottish Football Association is backing the initiative using its extensive network of community clubs to promote the role of physical activity in health and wellbeing.

Public Health Minister Maree Todd said: “We want Scotland to become a nation where more people are more active, more often. The benefits of instilling these habits early are plain to see – children will see the joy of walking, running or wheeling which will boost their health in the long term, and reduce the strain on our NHS.

“I try to do a Daily Mile whenever I can and there is no doubt I always feel better for it.

“I consider this initiative to be one of Scotland’s best exports – building on our success, other home nations and countries around the world are now embracing The Daily Mile initiative.  Scotland continues to lead the way on a global scale.”

Founder of The Daily Mile Elaine Wyllie MBE said: “From one school in Stirling to Scotland to becoming a Daily Mile Nation, I am incredibly proud of all the schools, teachers and children that have helped us achieve this milestone and I would like to take this opportunity to thank them and our partners across Scotland. 

“The Daily Mile was created by children which I truly believe is why it has been so successful and is now reaching nearly 4 million children around the world.”

Daily Mile UK Partnership Manager Fiona Paterson said: “In our joint strategy published in 2020, The Daily Mile Foundation and the Scottish Government set out the key targets which would signify that Scotland could be recognised as the world’s first Daily Mile nation.

“We are delighted to announce that these targets have been met and that the foundations have been laid for further work to continue to embed the INEOS backed Daily Mile across the country’.

Scottish FA Chief Executive Ian Maxwell said: “The Scottish FA recognises the unique reach of football and the importance that physical activity can play in the health and wellbeing of children and young people in this country, and we are thrilled to support this initiative as Scotland becomes the world’s first Daily Mile Nation.

“Opportunities to exercise on and off the pitch should be available to everyone and through our network of community football clubs and local partners, we are ready to play our part and use the power of football to inspire the country to become more active.”

The Daily Mile Scotland: National strategy

Armed Services join forces to launch Scottish Poppy Appeal 

Service personnel past and present launched this year’s Scottish Poppy Appeal at a ceremony in Edinburgh yesterday (MONDAY 24th OCT).

The sacrifices made by the Armed Forces community were honoured at the official opening of the Edinburgh Garden and Field of Remembrance, which also marked the start of the annual Appeal.

Senior members of all three Armed Services, Brigadier Andy Muddiman, Lieutenant Colonel Lorne Ian Campbell, and Air Vice Marshal Ross Paterson joined forces for the launch, highlighting the importance of the remembrance period and outlining why wearing a poppy remains vital.

Lt Col Campbell, Commander of Edinburgh Garrison, said: “Throughout my career at this time of year I have paused to reflect on the enormous sacrifices made by those who have gone before.

“I think of those fellow soldiers I have served with who have done their duty by their country in the heat and cold, wet and dry, 24 hours a day and seven days a week at peace, on operations and at war to protect the nation and defend our way of life.

“I have been reassured by the quite outstanding work conducted over the many years by Poppyscotland in support of those who have needed, and in many cases still do, help to overcome challenges that some face once they hang up their uniforms for the last time.”

Brigadier Muddiman, Royal Marines, Naval Regional Commander Scotland & Northern Ireland added: “Sacrifice is something that should always be acknowledged and the Remembrance period is when we collectively as a nation remember those service personnel who gave their lives in order to ensure our way of life continues.

“It’s gratifying to see people wearing the poppy because it shows that people do care and that they are happy to outwardly display that. It reminds everyone that we have entered that period when we should be remembering those souls who did not return from battlefield and acknowledging that our country retains the freedom it has as a result of that sacrifice.”

Three million poppies are being distributed throughout Scotland as part of the country’s largest fundraising appeal, supporting Poppyscotland’s welfare and advice services. The charity’s army of thousands of volunteers are hitting the streets, as well as collecting in supermarkets and delivering poppies to shops, businesses and schools.

Austin Hardie, Director of Poppyscotland, said: “This is a chance to recognise the extraordinary service our Armed Forces offer to the country, and how they risk everything to protect each one of us, despite never having met us.

“Wearing your poppy shows serving personnel, veterans and their families, their service and sacrifice means something to you and will never be forgotten. All funds raised will go to support our life-changing work, providing advice and welfare support to the Armed Forces community in Scotland.

“This is needed more than ever, as we are seeing an increasing demand for our services due to the cost-of-living crisis.”

The service of remembrance was led by Reverend Dr Karen Campbell, National Padre of the Royal British Legion Scotland, before a wreath-laying ceremony which included The Right Honourable Lord Provost of Edinburgh, Robert Aldridge, and Keith Brown MSP, Cabinet Secretary for Justice and Veterans.

The Band of the Royal Regiment of Scotland provided music, as well as piper Angus Adams from George Heriot’s School.

Dr Claire Armstrong, Chief Executive of Legion Scotland added: “From the First World War to more recent conflicts, it is essential that we continue to honour and remember those who gave their lives for our country. Today’s ceremony is an opportunity to come together and show our gratitude to all who have served over the years.

“I hope that residents and visitors to Edinburgh will take the chance to visit the garden over the next few weeks to reflect and pay their own tributes.”

People can find out more and support the Scottish Poppy Appeal at

 www.poppyscotland.org.uk.

Report: Ukraine six months on

Russia’s invasion of Ukraine has led to nearly one third of Ukrainians being displaced from their homes. The United Nations High Commissioner for Refugees estimates that more than 7.6 million Ukrainians had been displaced across Europe.

🔎 The Scottish Parliament Information Centre (SPICe) has taken a closer look at Scotland’s Homes for Ukraine Scheme, six months after it was introduced.

You can read it here: https://spice-spotlight.scot/…/displaced-ukrainians-in…/

Views sought on reform on exam qualifications and assessment

A consultation has been launched on how qualifications and assessment should be reformed to ensure learners’ achievements are fairly recognised.

Young people, parents, carers, teachers, education staff and all learners are among those being encouraged to give their views.

The consultation invites opinions on:

  • the balance between exams and other forms of assessment
  • how a wider range of learners’ achievements can be recognised
  • potential uses of technology in assessment and qualifications
  • how to ensure that qualifications enable all learners, regardless of their circumstances, to demonstrate their strengths and achievements

The consultation, which will close on 16 December, is part of an independent review of qualifications and assessment announced by Education Secretary Shirley-Anne Somerville in October 2021.

The review is being led by Louise Hayward, Emerita Professor of Educational Assessment and Innovation at Glasgow University, who will provide independent advice for Ministers to consider in March next year.

Professor Hayward said: “This Review of Qualifications and Assessment offers Scotland an opportunity to look to the future.

“We want to ensure that the ways in which we gather evidence about all learners’ achievements, awards and qualifications help every learner to transition positively into the next phase of life, be that in college, employment, university or voluntary work.

“By supporting every learner to become a confident, committed life-long learner, we will help Scotland to grow socially, culturally and economically.”

Education Secretary Shirley-Anne Somerville said: “The aim of reforming qualifications and assessment is to ensure that all senior phase learners have the best possible opportunity to demonstrate the breadth, depth and relevance of their learning.

“This consultation and the other work being done by Professor Hayward to gather a wide range of opinions is crucially important and I would encourage anyone who has an interest, particularly young people, parents, carers and education staff, to give their views.

“The review, and our other planned education reforms, have the clear purpose of doing all we can to improve the experiences and outcomes of children and young people in Scotland’s education system.”

The consultation on qualifications  and assessment will run until 16 December.

Winter vaccines for remaining priority groups

Over-50s can book their winter vaccines from tomorrow (October 24) protecting them from COVID-19 and flu and easing pressure on the NHS this winter.

Those aged 50-64 can book an appointment on the NHS Inform website making it simple to arrange a time which suits them. Appointments can also be rescheduled online – with a national helpline available for those without internet access.

More than 870,000 people have already come forward for their COVID-19 and flu vaccines, including healthcare staff, care home residents, over 65’s and those at high risk – with over 1.7 million vaccines being administered.

Over two million Scots are being offered both vaccines during the course of the programme and a nationwide marketing campaign – ‘Don’t let your protection fade’ – is raising awareness of the importance of topping up protection against the illnesses – so far, 93.9% of people have received both flu and COVID-19 jabs at the same appointment.

Public Health Minister Maree Todd said: “Uptake continues to be encouraging showing the people of Scotland are keen to protect not just themselves, but their loved ones and the NHS. People who are vaccinated are less likely to become seriously unwell from COVID-19 or flu.

“We are working hard to ensure Scotland maintains its reputation as a leading nation for vaccine uptake – continuing the huge success of the vaccination programme since it was first rolled out in December 2020.

“The flu virus is always changing and COVID-19 protection can fade over time so I would ask everyone eligible to take up the offer of their winter vaccines so we can all stay safe over the winter months.”

1,741,484 COVID-19 and flu vaccines have been delivered since the winter vaccine programme launched.

Both new bivalent vaccines, which target Omicron and the original variant of COVID-19, are being deployed alongside existing vaccines, though the vaccination individuals receive will depend on age and vaccine availability. Both the current and new bivalent vaccines provide good protection from severe illness and hospitalisation from known COVID-19 variants.

Rearrange or opt-out of your vaccination appointment | NHS inform

Winter vaccines | NHS inform

Those without access to the internet can call the national helpline on 0800 030 8013.

Anyone aged 12 years and over who has missed an appointment for their initial course of the COVID-19 vaccine can reschedule through the NHS Inform online.

Appointments for children under 12 must be booked/rescheduled by calling 0800 030 8013. 

Record pay offer for NHS staff – but it’s not enough, say nurses

All NHS workers offered £2,205 pay rise but nurses to go ahead with strike ballot

NHS staff in Scotland are set to receive a record pay rise of £2,205 – an average 7% pay uplift – to help tackle the cost of living crisis and retain staff during the tougher winter months. 

This increased offer was made after constructive negotiations between the Scottish Government and NHS Unions, which lasted into the early hours of Friday morning (21 October).

The offer would mean the lowest paid seeing a rise of more than 11%, with qualified nursing staff receiving up to 8.45%, helping the lowest paid staff through the cost of living crisis. 

If agreed, the pay uplift, which amounts to almost half a billion pounds (£480m), will benefit more than 160,000 employees including nurses, paramedics, allied health professionals and healthcare support staff.  

This is the largest pay offer given to NHS Scotland Agenda for Change staff since devolution and will mean they remain the best paid in the UK. If accepted, the offer will be backdated to 1 April 2022, and could be added to pay cheques in time for Christmas.

Health Secretary Humza Yousaf said: “I am grateful to trade union colleagues and NHS employers for constructive discussions on pay.

“This has been another exceptionally challenging year for our health service and we have a difficult winter ahead, but I am pleased that we are able to recognise the service and dedication of our healthcare and support staff with this pay offer.

“We owe NHS staff a debt of gratitude for leading us through the greatest public health crisis in recent history.

“This improved pay offer – which is the largest of its kind since devolution – reflects their hard work and will go a long way to help them through the cost of living crisis. We are rightly focussing the biggest increases for those who are the lowest paid, as we know the cost crisis is impacting them disproportionately.”

However the Scottish government’s latest pay offer remains a real terms pay cut for the majority of nursing staff, according to the Royal College of Nursing.

The offer comes after discussions with the health trade unions, Cabinet Secretary, Deputy First Minister, Scottish government officials and employers.

Scottish government failed to take the opportunity to recognise the clinical skill, expertise and leadership of registered nurses.

When compared to the previous offer from May 2022, this offer sees a lower percentage increase for those higher up the Agenda for Change bandings. The RCN has called for an across the board pay increase that is 5% above inflation.

Julie Lamberth said: “Nurse staffing levels are dangerously low. We need fair pay to attract more people into nursing and to keep the skilled nurses we already have. 

“We want to be able to provide the best possible care for our patients but too often, the lack of staff and demand on services is standing in our way. Too many of us are making the decision to walk away from the profession. The Scottish Government has the power to stop this. The people of Scotland deserve better, so do we. Please post you ballot back today.”

RCN Scotland Director Colin Poolman said: “Yet again the Scottish Government has failed to listen to our members concerns for the safety of their patients. They have failed to recognise the safety critical role of nursing staff and their essential contribution to our NHS and our nation’s health.

“Under this proposal, registered nurses continue to face a significant real terms pay cut. This is even more stark with the news that inflation reached a 40 year high. Many are making difficult decisions about how to heat their homes, feed their families and travel to work while carrying the burden of being unable to do the best for their patients due to severe staff shortages.

Our ballot for strike action continues. Today’s offer will make our members more determined to have their voice heard. I would urge members to vote in favour of strike and to post back their ballot papers now.”

Tackling the energy cost crisis

The First Minister has convened a second summit with energy companies and advice organisations.

Further actions to support consumers and businesses through the winter have been agreed at yesterday’s virtual summit between energy companies and advice organisations and Ministers.

The energy cost crisis summit discussed this week’s reversals to UK Government measures set out since the previous summit, and agreed longer-term certainty is urgently needed ahead of the anticipated energy price cap increase, currently due in April.

First Minister Nicola Sturgeon said: “The curtailing of the Energy Price Guarantee by the Chancellor of the Exchequer earlier this week has eradicated what meagre certainty people and businesses had over their bills and finances in the short to medium-term.

“Even the current cap of £2,500 until April – while better than a rise to £3,500 – is still a very significant increase for households who are already struggling to pay their bills and heat their homes. Without further mitigation the increase to £2,500 under the Energy Price Guarantee will see an additional 150,000 households in extreme fuel poverty.

“The deficiencies in the UK Government’s package mean we are still in an emergency situation. The economic outlook has been made far worse by other aspects of the mini-budget – most of which have now had to be reversed entirely.

“The Scottish Government is working hard within its limited powers and finite budget to support people, business, public services and the economy. Part of that work will involve ongoing engagement with energy companies and advice organisations throughout the winter to see how, individually and collectively, we can alleviate the huge challenges people are facing as well as signposting existing schemes and support that is available.

“It is clear however that more substantial reform of the energy market is needed to address the issue in the long term, and the power to do so lies with the UK Government.”

And therein lies the problem – Ed.

Scottish Energy Retail Summit: update on collaborative action – gov.scot (www.gov.scot)

Council strikes back on?

UNISON, and sister trade unions Unite and GMB, are threatening pull out local government school staff and refuse workers on strike again.

Strike action was suspended after UNISON members voted for an offer which was made to them by COSLA on 2nd September 2022.

Trade union strikes remain suspended but mandates remain live meaning UNISON can legally call their local government members back out on strike, again.

COSLA now claim that the elements of the original deal – an extra days leave and the payment of SSSC registration fees for those working in social work, social care and early years – were only for one year not in perpetuity.

UNISON have now written to COSLA to say: “It is frankly outrageous that the draft pay circular sent to us on 7th October sought to time limit elements of the offer that had no time limitation on them in the original offer letter or in the discussions we had prior to it.

“That this remains unresolved should be a source of deep embarrassment. As has previously been advised our strike mandates remain live and we are all under increasing pressure from members, who are rapidly losing faith in their employer, to lift the strike suspensions if a resolution is not achieved quickly.”

Council staff are still waiting for their increased pay uplifts to be included in their pay packets.

Johanna Baxter, UNISON Scotland head of local government said: “This is appalling behaviour – either the employer did not even understand the offer they themselves were making – or they did and are now trying to renegue on it before its even been implemented. Either way it will be our members that suffer if they are allowed to get away with it.

“We have made clear to the employer and the Scottish Government that our strike mandates remain live and all three trade unions are under increasing pressure from members, who are rapidly losing faith in their employer, to lift the strike suspensions if a resolution and call members out if a resolution is not achieved quickly.

“Our members will rightly be questioning the value of COSLA if they cannot be trusted to draft an offer that they understand or uphold one that they do understand.

“It should be a source of deep embarrassment to COSLA that more than six months since the pay implementation date and in the middle of the worst cost of living crises our country has seen, waiting on their pay rise”