New proposal could see tenants allowed to withhold rent

The Herald Scotland

29-04-2025

Ms Burgess' said her proposal would ensure major issues such as damp, mould, broken floorings and problems relating to heating and hot water systems are repaired promptly, so that private housing stock is maintained to a safe standard.
She said the amendment, backed by housing rights campaigners Living Rent, would also make the tribunal process, which deals with complaints, easier for tenants as landlords who act in bad faith would have to prove they have done enough to resolve the issue to unlock the withheld rent.
READ MORE:
Second homes tax could double in Scotland's tourist hot spots
Second home owners 'should not be blamed' for housing shortages
Christina McKelvie death triggered Jamie Greene defection from Tories to Lib Dems
'My proposals will make it easier for renters to stand up to rogue landlords and to get vital repairs done quickly," she said.
'At the moment, renters can do little except threaten to take their landlords to tribunals, which can be time consuming and stressful, and the burden of the tribunal falls on the renter.
'My amendment, which is backed by Living Rent, would allow tenants to withhold rent if their landlord hasn't fixed serious issues within a timeframe of 30 days of being notified about them."
She added: 'Renters should expect their homes to be maintained to the same standard as any other. But in some cases, there are landlords who simply feel it is okay to take rent and let their properties fester with damp, mould and serious problems that significantly impact health and wellbeing.
READ MORE:
Call to cut the number of Scottish health boards from 14 to three
Here's one good reason I'm glad I moved to Scotland
Alba not to stand a candidate in by-election 'out of respect' to late MSP
'While not all landlords let this happen, and many will be encouraged to keep up the good work, there are some bad faith actors who fail to maintain their properties. For those who rent these properties, it can be a miserable experience. People in this situation need more support and the power to make sure major repairs happen.'
Scottish Association of Landlords chief executive John Blackwood called for "robust enforcement" of existing laws to tackle rogue landlords.
He said: 'What we need is robust enforcement of current legislation through landlord registration, to remove rogue and criminal landlords from the sector who give law-abiding landlords a bad name.'
Ms Burgess's amendment to the Housing Bill is one of a series made by the Scottish Greens.
Others tabled by the party include proposals to allow ministers to increase the tax paid on purchases of holiday homes should they be located in new rent control areas which may be introduced north of the Border.
The Greens want ministers to raise the levy, known as the additional dwelling supplement, to 16% of the purchase price from the current level of 8%.
More than 400 amendments to the Housing Bill have been tabled.
The proposals will begin to be debated today by MSPs on Holyrood's local government, housing and planning committee.
The legislation will be voted on later at its final parliamentary stage - stage three - in the Holyrood chamber and if passed would allow councils to create rent control areas where rent is capped to certain levels.
Ministers have tabled an amendment proposing that rent rises are capped to the rate of inflation plus 1% to a maximum of 6%.
The Scottish Government has also set a target date for local authorities to make market assessments and recommendations on whether or not to introduce rent control areas. The new date is May 31 2027.
Responding to the Greens's amendments, a Scottish Government spokesman said: 'A number of amendments have been lodged by opposition MSPs at stage 2 of the Housing (Scotland) Bill and will be considered by the Local Government, Housing and Planning Committee.'