LEGISLATION that would temporarily freeze rents and ban evictions in Scotland has passed its first stage in the Scottish Parliament.
MSPs backed the general principles of the Cost of Living (Tenant Protection) (Scotland) Bill by 88 votes to 29 on Tuesday evening.
Tenant's rights minister Patrick Harvie, who sponsored the motion, said that the legislation was intended to give those renting properties "greater protection".
As well as a ban on rent increases, the legislation will introduce a moratorium on evictions, with both policies backdated to September 6, when the policy was first announced.
In certain circumstances, landlords will be able to make an application to increase rents for "limited, prescribed and legitimate costs".
Stage two amendments will be taken on Wednesday and a final vote will happen on Thursday.
A motion to treat the Bill as emergency legislation was passed by 86 votes to 28 earlier on Tuesday.
The Scottish Tories argued against the bill, claiming that the Scottish Government had not given them enough time to properly scrutinise the legislation after it was published on Monday evening.
Tenants' rights minister @patrickharvie closes the debate on the first stage of the rent freeze bill and refutes Tory claims the Scottish Government are pursuing the policy only because it's 'clever politics' pic.twitter.com/WiAf04evN5
— Abbi Garton-Crosbie (@agc_reports) October 4, 2022
It comes after Tory MSPs tried to stop the bill being treated as emergency legislation and push the rent freeze into the long grass.
Opening the debate on Tuesday, Harvie told the chamber: "This Parliament doesn't have all the levers we really need to fully tackle this crisis, but we are determined to do what we can with the powers we do have to protect those who need it most.
"Now tenants have on average lower household incomes, higher levels of poverty, and are more vulnerable to economic shocks. 63% of social rented households and 40% of private rented households don't have enough savings to cover even a month of income at the poverty line.
"That's compared to 24% of households buying with a mortgage and 9% who own outright, not many households will escape the cost crisis altogether, but tenants are just so much more exposed.
"That's why this bill will provide tenants in the private and social rented sectors, as well as college and university halls of residence and purpose-built student accommodation, with greater protection."
The Scottish Greens minister said that the legislation also recognises that “not all landlords are in the same financial position”.
He added: "While the primary purpose of this legislation is about protecting tenants, it's also important to ensure it reflects landlords' circumstances.
"So private landlords will be able to make an application to increase rent for limited prescribed and legitimate costs associated with offering the property for rent where those costs are increased. That will be for 50% of these costs, or up to 50% and no more than 3% of existing rent. Those percentages may be varied if circumstances justify it."
Briggs, arguing against the legislation, said it would do "little to increase the incomes" of private and social housing tenants.
He added: “Instead, it will threaten both the Scottish Government's ambitions on affordable house building and climate change, as well as the actual ability of housing associations and private landlords to provide their tenants with exactly the type of targeted support that is required during these difficult times.
"That we on these benches would have welcomed the opportunity to actually discuss workable policies with the Scottish Government, a 15-minute meeting with the minister after the bill was published, and the emergency use of this legislation to railroad the bill through Parliament has not presented that opportunity."
Briggs then claimed the Government had not consulted with the sector and “will have consequences”.
The Tory MSP’s main argument was that the rent freeze would lead to fewer private properties available for potential tenants.
Mark Griffin, Scottish Labour, who declared that he is a landlord before giving his contribution, said that if a rent freeze had been introduced before summer recess when suggested by fellow MSP Mercedes Villalba then it would have been in place months ago.
“Even if it has taken months to get to this point we welcome the change of heart within the SNP-Green Government,” he added.
Willie Rennie, speaking on behalf of the LibDems, said his party would support the freeze at the first stage but are opposed to the inclusion of social rented properties in the freeze.
He said: "Those homes are already subject to a form of rent controls so I don't think it would be right to impose another set of controls with a freeze.
"That would undermine the fine judgments involved in setting those rates by housing associations, councils and charities whose fine judgements mean that social rents are about half of those in the private sector whilst also funding proper maintenance and housebuilding programmes."
At the end of the debate Harvie hit back at claims the Scottish Government were putting the rent freeze in place simply as "clever politics" without thinking it through.
He said: "I find it difficult to take seriously the accusation from the last speaker that we're only doing this because we thought it was clever politics.
"This from the party that thought it was clever politics to abolish the top rate of taxation until they realised everyone outside of Tufton Street was revolted by the values behind that kind of politics."
