1.   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

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

3. 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%)

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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.