Major wins for students (and defeats for halls operators) in Scotland

The big theme was the complete absence of protections for student residential tenancies (halls), whether in private purpose-built or university-owned. The problem had been explicitly identified in the committee’s stage one report, which noted students had been “overlooked by the bill in its current form.”

The government’s failure to address the issues before stage two amendments led to a barrage of proposals from opposition MSPs, with Graham Simpson (Conservative) noting wryly:

Well, we can rectify that quite easily.

The session turned fairly heated when the minister refused to accept most student-focused amendments despite acknowledging their merit, offering only vague commitments to “engage” further rather than concrete action – a strategy that both visibly frustrated MSPs across party lines, and ultimately backfired.

A rare moment of consensus

What made the debate especially interesting was the unity shown by politicians not known for their agreement. Graham Simpson opened by emphasising the evidence gathered through the Cross-Party Group on Housing’s report on student homelessness, stating:

My strong view is, if we’re to have rent controls, that students be covered by that. And I’d love to hear from anyone who has a contrary view.

No one did.

From Ross Greer (Greens) to Pam Duncan-Glancy (Labour) to Simpson himself (Conservative), politicians representing the entire spectrum of Scottish politics converged around the need to protect student tenants in private PBSA and university halls of residence who currently have fewer rights than students in standard private rentals.

Maggie Chapman (Greens) highlighted the extortionate costs facing students:

A basic room, a basic room in one PBSA block in Edinburgh, Vita block in founder bridge is 406 pounds, not a month, but a week.

Duncan-Glancy presented evidence showing:

12 per cent of students in Scotland have experienced homelessness while studying,”

…while Ross Greer pointed out that students in PBSA halls are essentially trapped in their tenancies when they need to leave studies due to illness or changed circumstances.

The problematic distinction underpinning the debate was the current legal separation between traditional private rentals and student accommodation. Under the Private Housing (Tenancies) (Scotland) Act 2016, paragraph 5 of schedule 1 specifically exempts halls from being defined as private residential tenancies.

The exemption means these tenants lack many of the protections afforded to other renters, including controls on rent increases and the right to terminate tenancies with reasonable notice. Graham Simpson’s Amendment 60 proposed to repeal the exemption entirely, while other amendments sought to extend specific protections to student accommodation while maintaining its distinct status.

The government’s peculiar position

Housing Minister Paul McLennan was caught flat-footed by both the volume of amendments and the strength of cross-party feeling. His primary defence for rejecting almost all student-related amendments was the need to consult further with the fabled Purpose-Built Student Accommodation Review Group – despite that group having published its recommendations 15 months earlier, with pretty much no news since.

The minister argued that “student accommodation provision operates on a different basis [to] the wider private rented sector” because it aligns with academic years, and that “rental costs for PBSA and university halls usually include more than [the rent] as a result.” But he failed to convince committee members that these differences justified excluding students from protections.

Ross Greer expressed visible frustration:

Their recommendations were published 15 months ago. A number of their recommendations would require a change in legislation, and yet the government has not brought forward any amendments to deliver that change in legislation through this bill.

When pressed repeatedly on specific amendments, the minister fell back on the need for consultation:

Officials have been discussing that with the review group, I have not met the review group for the bill.

That admission appeared to shock several MSPs, with Daniel Johnson noting sardonically that the government:

…has not done the required preparatory work to come here this morning to discuss the amendments.

Tactical voting

Eventually, the committee’s patience wore thin. Graham Simpson, who had initially seemed willing to give the minister latitude, became increasingly exasperated:

I think the committee, and indeed the Minister, that the committee in particular, is in a pretty astonishing [position] of possibly some member, wondering what to do.

Simpson ultimately advised his colleagues to vote for most of the amendments in this group, noting that the minister:

…has not committed, despite my actual suggestion in that private conversation that I had with him, that he ought to, ahead of stage three, bring people, parties, MSPs, together to discuss what we can do at stage three.

The committee largely followed this advice, passing a series of amendments to integrate student tenancies – both PBSA and university halls – into the bill’s rent control provisions, despite government opposition.

Amendments passed against government will

As a result several significant amendments were agreed to against the minister’s recommendations:

• Amendment 51: Adding student residential tenancies (covering both PBSA and university halls) to the definition of relevant tenancies covered by the bill
• Amendment 52: Including student tenancies in reports local authorities send to ministers
• Amendment 53: Including student tenancies when ministers make decisions about designating rent control areas
• Amendments 144-146: Requiring (rather than merely allowing) ministers to accept local authority recommendations on rent control areas

The government’s only success came in having amendments related to the creation of a guarantor scheme rejected – though even here, there appeared to be cross-party support for the principle, if not the specific drafting.

The guarantor issue

Another significant focus of debate was the issue of guarantors for international students and those from disadvantaged backgrounds. Jeremy Balfour (Conservative) spoke passionately about students who:

…arrive here looking for accommodation. Many of them know no one in the country. Do not know how to get a guarantor and which are either having to pay excessive amounts of money in regard to that, or are unable to find appropriate accommodation.

Maggie Chapman highlighted how international students are:

…asked to pay up front, three, six or 12 months rent in advance of signing a lease for a flat that cannot be acceptable.

While the specific amendments on guarantor schemes were not passed, the issue appears likely to return at stage three, with multiple MSPs expressing support for addressing this barrier to student accommodation.

The right to end tenancies early

Another key issue in the debate was the lack of flexibility in PBSA and university halls contracts. Unlike private residential tenancies, which allow tenants to end their lease with 28 days’ notice, student accommodation contracts typically run for fixed periods aligned to the academic year.

Ross Greer’s Amendment 540 would have provided students with the right to terminate their tenancy with 28 days’ notice – matching the rights of other private renters. The minister opposed that, claiming it:

…would have substantial impact on the PSA with the possibility of high [vacancy rates].

The economic argument for treating student tenants differently from other renters drew visible frustration from several MSPs.

Pam Duncan-Glancy noted that students who withdraw from studies or take interruptions:

…do not have the choice to end their leases in private PBSAs without incurring costs or being required to find a replacement student.

The minister maintained that further engagement with the sector was necessary before implementing changes – but 15 months on from the initial PBSA recommendations with no progress, the reluctance to even commit to a timeline for implementation or to bring forward its own amendments at Stage Three to address the issue frustrated committee members. While the amendment on students’ right to terminate tenancies with 20 days’ notice wasn’t reached before the meeting ended, it will likely be considered at the next meeting, where the government may face further defeats unless it has something substantial up its sleeve.

The government now faces a difficult choice – bring forward substantive amendments addressing student tenancies (both PBSA and university halls) at stage three or risk further parliamentary defeats, given MSPs from all parties seem determined to ensure student renters receive the same protections as others in the private rented sector.

Given the strength of feeling on show and the tactical voting already deployed, it seems pretty likely that the government will need to engage seriously with opposition parties before stage three or face further rebellions on student protections.