Questions 1-5 are questions about tenancy type or questions for landlords.
Question 6: Do you think rent control should be introduced on a local basis, where assessment shows that there is a need, or should rent control be universally applied across Scotland?
- Rent control should be universally applied across Scotland
Question 7: Where restrictions on rent increases are being applied, do you think those restrictions should apply to:
- Both sitting tenants and in-between tenancies
Question 8: Do you agree that, if rent controls in a rent control area apply both within and between tenancies, the first rent increase in a tenancy should be possible at any point after the start of the tenancy provided that at least 12 months has passed since the rent was last increased during the previous tenancy?
- Agree
Question 9: Which of the following types of tenancy should be classed as “new to market” and therefore exempt from rent control when the first rent is set? You can select more than one answer.
- None of the above
Question 10: It is proposed that any rent control area will be in place for a fixed time period. To what extent do you agree with the following statements?
Rent control areas should only last for a fixed amount of time. They can only be extended if a new assessment shows they are still needed.
- Strongly disagree
The duration of rent control areas should be flexible, and able to be extended beyond the designated time period, permitting indefinite continuation where required.
- Strongly agree
There should not be a time limit on the duration of rent control areas and any decision to end rent control would be based upon a new assessment indicating they are no longer necessary.
- Strongly agree
Question 11: Where an area is designated as a rent control area, do you agree that if there are changes in local circumstances there should be a re-assessment before the fixed time period ends so that the designation could be brought to an end earlier than the fixed period?
- No
Question 12: If rent control areas are put in place for fixed time periods, which time period would you consider to be most appropriate?
- More than 5 years
Question 13: Where Scottish Ministers intend to introduce rent control to an area, should there be a duty to consult with landlord groups, tenant groups and local authorities in the local area before introducing rent control to that area?
- Yes, there should be a duty to consult
Question 14: Should there be a mechanism that allows landlords to increase the rent above the annual rent cap in cases where they have not previously raised the rent for the let property when they were permitted to do so i.e. if the landlord chooses not to increase rent for a period of years then they would be allowed to increase it by an amount above the cap at the next rent increase?
- No, there should not be a mechanism to take these cases into account
Question 15: If there was a mechanism that allows landlords to increase the rent above the annual rent cap in cases where they have not previously raised the rent for the let property when they were permitted to do so, should this only apply to the first rent increase after a rent control area comes into force or to any rent increase while a rent control area is in force?
- It should only apply to the first rent increase after a rent control area comes into force
Question 16: Do you think there should be a mechanism to allow landlords to raise the rent above the rent cap, on a case-by-case basis, in certain circumstances such as where there have been improvements to the let property?
- No, there should not be a mechanism to take these cases into account
Question 17: If there were to be a mechanism to allow landlords to raise the rent above the rent cap on a case-by case basis, which of the following circumstances do you think this should apply to? You can select more than one answer.
- Improvements to the quality of fixtures and fittings (beyond cosmetic changes such as painting the walls) e.g. new kitchen, upgrades to appliances etc
- Improvements to the energy efficiency of the property such as heating systems, or insulation
Question 18: We propose to introduce a route by which tenants in a rent control area can verify that any proposed rent increase is in line with the rent cap. This could cover cases where the tenant believes their landlord may be proposing to increase the rent by more than the amount allowed. Do you agree with this proposal?
- Yes, there should be a route by which tenants can check whether a proposed rent increase is allowed under the rent cap
Question 19: Do you consider that any of the categories of housing below should be considered for exemption from rent controls?
- No categories of housing should be exempt from rent controls
Question 20: Given PRTs were introduced in Scotland more than five years ago, should consideration be given to setting a future date by which remaining assured and short assured tenancies should be phased out?
- Yes, consideration should be given to setting a future date by which remaining assured and short assured tenancies should be phased out.
Question 21: Do you agree that the notice period which the departing joint tenant must give to the other joint tenants should be 2 months?
- Yes, 2 months is an appropriate notice period
Question 22: Do you agree that some small changes (for example putting up pictures and posters) should not require consent?
- Yes
Question 23: Do you agree that other bigger changes (for example painting walls and installing wall shelves) can be requested and not unreasonably refused?
- Yes
Question 24: How long should landlords have to respond to a request for a change that cannot be unreasonably refused?
- 20 working days
Question 25: How long should the tenant have lived in the let property before they can request bigger changes that cannot be unreasonably refused?
- 3 months
Question 26: Do you agree that private tenants should have a right to request and not be unreasonably refused to keep a pet?
- Yes
Question 27: How long should private landlords have to respond to a request to keep a pet?
- 20 working days
Question 28: To what extend do you agree with the following uses of the funds?
The prevention of homelessness from the private rented sector:
- strongly agree
Advice, information and assistance to private tenants:
- strongly agree
Funding to persons or bodies that can assist private tenants to address barriers to the private rented sector and support access to private rented housing:
- neither agree nor disagree
Activities that support private tenant participation and the representation of tenants’ interests at a local and national level:
- neither agree nor disagree
Assisting private tenants to exercise their rights:
- strongly agree
Question 29: Do you agree that in the private sector the Tribunal should be required to consider whether it is reasonable to delay the enforcement of an eviction at any time of year? Please note, this proposal will not apply to cases of antisocial or criminal behaviour.
- Strongly agree
Question 30: Do you agree that social housing tenants should have a right to request to keep a pet and not be unreasonably refused?
- Yes
Question 31: Do you agree that, in the social sector, the court should be required to consider whether it is reasonable to delay the enforcement of an eviction at any time of year? Please note, this proposal would not apply to cases of antisocial behaviour, criminal behaviour and domestic abuse.
- Strongly agree
Question 32: Do you agree with the following proposal?
We are looking to amend social housing pre-action requirements to require social housing landlords to specifically consider the effect of domestic abuse in the accrual of rent arrears. Where domestic abuse financial control has had an impact on the arrears, social landlords would be required to fully consider further actions that could assist the victim-survivor before eviction action for rent arrears could be taken in court.
- Yes
Question 33: Please rank the proposals in terms of which you feel will bring the most overall benefit to landlords, from most beneficial to least beneficial, with 1 indicating most beneficial and 7 indicating least beneficial.
- N/A
Question 34: Please rank the proposals in terms of which you feel will bring the most overall benefit to tenants, from most beneficial to least beneficial, with 1 indicating most beneficial and 7 indicating least beneficial.
1. Rent control
2. Changes to rules around ending joint tenancies
3. Greater protections during the eviction process
4. Amendment to social housing pre-action requirements to reflect the potential impact of domestic abuse
5. The right to request to keep a pet and to not be unreasonably refused
6. Greater flexibility to personalise a home
7. Proposed use of unclaimed tenancy deposits
Question 35: Thinking of the financial impacts, please rank the proposals with regards to the potential impact for landlords, from most beneficial to least beneficial, with 1 indicating most beneficial and 6 indicating least beneficial.
- n/a
Question 36: Thinking of the financial impacts, please rank the proposals with regards to the potential impact for tenants, from most beneficial to least beneficial, with 1 indicating most beneficial and 6 indicating least beneficial.
1. Rent control
2. Changes to rules around ending joint tenancies
3. Greater protections during the eviction process
4. Amendment to social housing pre-action requirements to reflect the potential impact of domestic abuse
5. The right to request to keep a pet and to not be unreasonably refused
6. Greater flexibility to personalise a home
7. Proposed use of unclaimed tenancy deposits
