STEADY INCREMENTALISM REGULARORY REFORM OF THE PRIVATE RENTED SECTOR IN SCOTLAND 2000-2016 Douglas Robertson Homelessness and the Private Rented Sector Parliament Hall University of St Andrews 17th November 2016

Outline Re-emergence of PRS in Scotland Steady incrementalism Occasional opportunism Steady incrementalism Emergence of a strategic focus Tenancy reform Observations

Re-emergence of PRS Scale Tenants Ownership 7% in 2004 to 14% by 2014, no longer transitional, but permanent tenure Tenants 368k households, 675k people changed tenant profile – younger, wealthier, less welfare dependent & children Ownership Buy-to-Let, pension product - mainly cheaper end property owned by an individual (84%)

Occasional opportunism Policy driver housing conditions SHCS 2011, 61% PRS fail SHQS Landlord registration Common repair issue introduced via Anti social behaviour Act Repairing standard basic minimal standard basic enforcement mechanism PRHP

Steady Incrementalism Approach Evidence base compiled, new studies commissioned Elite engaged policy-making process SG acceptance of normative market agenda Outcomes Private Rented (Scotland) Act, 2011 Tenancy Deposit Scheme (Scotland) Regulations, 2011 PRS Strategy, 2013 Housing (Scotland) Act, 2014

Private Rented (Scotland) Act, 2011 Strengthen both HMO & Landlord Registration, via expanding ‘fit and proper person’ definition Enhanced fines for non-registration Clarified legality of charging for so-called ‘premiums’ Pre-tenancy information pack to prospective tenants Landlords right of access to property, following application to PRHP, to pursue Repairing Standard Overcrowding statutory notice – Govanhill I

PRS Strategy, 2013 “A private rented sector that provides good quality homes and high management standards, inspires consumer confidence, and encourages growth through attracting increased investment " (Scottish Government 2013, 1) Three aims ‘improve the quality’ of property management, condition and service ‘deliver for tenants & landlords’, meeting the needs of the people living in the sector, consumers seeking accommodation & landlords committed to continuous improvement; and ‘enable growth’, investment & help increase overall housing supply

Housing (Scotland) Act, 2014 Incremental adjustments to Repairing Standard Disputes resolution, via First Tier Tribunal, being created under a separate legislation - Tribunals (Scotland) Act, 2014 Introduction of Enhanced Enforcement Areas – Govanhill II Further incremental (ad hoc) changes increasing landlord responsibilities & tenants rights Tenants largely unaware off rights & constrained by 6 month SAT tenancy period

Emergence of a strategic focus Private Housing (Tenancies) (Scotland) Act, 2016 Scottish Private Residence Tenancy replaces SAT ‘no-faults’ ground out, ‘modern protection for repossessing their property’ in No minimum period Rent control – light Clarity of tenancy rights & responsibilities in tenancy, with longer tenancy periods Tenancy was central element that needed reform, given consequences that fall from that change, & that had been strongly resisted Critical role played here by directly asking tenants & landlords about the operation of the tenancy Three recent Acts brought about the re-emergence of a regulated market

Observations No coherent strategic narrative for reform Incrementalism - function of ‘elite engaged policy-making process’ Outcomes reflect elites asking elites about reform Elites hold the power to frame reform agenda, via notion of consensus Process largely devoid of users voices & views, despite consultations Normative market agenda framing assumes market was functioning, yet reform agenda clearly indicated otherwise Critical importance of engaging with those who rent, & rent out, via focused research, & challenging ‘common sense’ with well considered evidence Critical importance of campaigning throughout - Shelter Serendipity of reform, comes about via a confluence of ideas, people willing to articulate them, which are then mediated by powerful interests. Some political will to bring about change is also required. Research plays but a negligible role.