Scottish Government

ANNEX A: DRAFT EQUALITY IMPACT ASSESSMENT ( EQIA)

PART 1: PRIVATE RENTED SECTOR ISSUES

We would like your views on this draft equality impact assessment ( EQIA), which is part of the consultation on a proposed housing bill. Your responses to the questions included will help us to carry out a full equality impact assessment of the proposals.

Please note that the draft EQIA is divided into three parts which cover the three main subject areas in the consultation. Part 1 of the draft EQIA covers private rented sector issues, Part 2 covers licensing of mobile home sites and Part 3 covers twenty year rules.

This is Part 1 of the draft EQIA on private rented sector issues which are landlord registration, licensing of houses in multiple occupation, overcrowding and the tenancy regime.

1. Aims of the policy

2. What do we already know about the diverse needs and/or experiences of your target audience?

Do we have information on:

The proposed changes in the consultation will affect private rented sector tenants, landlords and agents.

2.1 The proposals we are consulting on are intended to:

• Strengthen and enforcement of landlord registration and HMO licensing with the intention of protecting tenants, assisting landlords, agents and local authorities and creating greater connectivity with the PRHP by;

Landlord registration

• Expanding the list of offences to be declared by an applicant for landlord registration.
• Allowing a local authority to require a criminal record certificate to verify information on a landlord.
• Requiring the Private Rented Housing Panel to obtain and check landlord registration numbers.
• Requiring landlord registration numbers in advertisements of properties to let.
• Allowing a local authority to require an agent to provide a list of properties managed.

HMO licensing

• • Allowing tenants and local authorities to claim back rent paid in an unlicensed HMO.
  • Providing that failure to provide information when required will lead to the presumption that a property is an HMO.
• Address problems of overcrowding in the PRS by:
• • Allowing local authorities to require private landlords in a specified locality to issue a statement of the number of people permitted in a house.
  • Allowing a local authority to serve an Overcrowding Abatement Order on a privately rented house where overcrowding was causing serious nuisance or seriously affecting the welfare of occupants.
• Clarify rights and responsibilities for tenants, landlords and agents in the tenancy regime by:
• • Allowing a private landlord to apply to the Private Rented Housing Panel when in dispute with a tenant about gaining access in relation to the Repairing Standard.
  • Allowing a private landlord to inspect and gain possession of an abandoned property by applying to an authorising body.
  • Requiring a private landlord or agent to issue a pack containing specified information to a tenant at the start of the tenancy.
  • Merging the documents at the start of a Short Assured Tenancy into one form.
  • Making all pre-tenancy charges illegal apart from those specified as reasonable.
  • Clarifying the notices issued to gain possession of a property subject to a Short Assured Tenancy.

2.2 Private tenants

About 8% of Scottish households, numbering about 233,000, live in the private rented sector and it is likely that this proportion will increase. We gathered a great deal of information in our Review of the Private Rented Sector, which included a tenant survey among other sources. The Review found that different groups of tenants have different needs and experiences and are represented in the sector in varying proportions.

Here are some findings from the Review about the diversity of private tenants:

• Characteristically, private tenants tend to be younger than the population as a whole. Almost 80% of licensed HMOs are occupied by students, who tend to be young (84% under 25 years old).
• About one in ten tenants have a disability or limiting long-term illness. The rate is higher in rural areas. These tenants are more likely to be dissatisfied with their home (21%).
• One in three non-white households live in the private rented sector, compared to one in fourteen white households.
• One in three non-white tenants experience problems accessing appropriate private rented housing, compared to one in five of all tenants.
• Migrant workers are highly likely to live in the private rented sector when they first arrive in Scotland. The Review quoted studies showing that there were problems of overcrowding among migrant workers and additionally that migrant workers had lower levels of awareness of key rights and responsibilities such as HMO licensing and the PRHP.
• There are reports of migrant workers living in overcrowded, unsafe and sub-standard private rented housing, including multiply-occupied short-term lets.
• One third of households identifying as Hindu, one in five Buddhist households and a similar proportion of Muslim households lived in the private rented sector in 2001.

2.3 Private landlords and agents

The number of HMO licences in force has increased year on year since the introduction of the mandatory licensing scheme in 2001. The most recent figures for 2008-9 show about 11,400 licences in force at 31 March, 12% more than the previous year.

A large majority of dwellings in the private rented sector are owned by individuals and couples. Only a small proportion are owned by full-time business landlords, although a large proportion of dwellings are owned for business and investment reasons. There is almost an exact male to female gender balance amongst individual and couple owners. Landlords are predominantly 'young' with 35% of dwellings being owned by those under 45 and 65% are owned by those under 54. About 5% of PRS properties are owned by landlords from non-white ethnic groups. In Glasgow this percentage is higher with 14% of PRS properties being owned by members of non white ethnic groups.

3. What does the information we have tell us about how this policy might impact positively or negatively on the different groups within the target audience?

3.1 Landlord registration

We consider that the proposed changes to the landlord registration process will enable local authorities and landlords to improve standards in the sector and encourage good practice.

3.2 HMO licensing

We consider that the proposed changes to HMO licensing will assist local authorities in the enforcement of HMO licensing, which will provide reassurance and protection to tenants, responsible landlords and agents.

3.3 Overcrowding

We consider that our proposals to address overcrowding (see paragraph 2.1) will protect tenants, and be of particular benefit to migrant workers.

3.4 Clarification and facilitation of rights and responsibilities for tenants, landlords and agentsin the tenancy regime

We consider that the proposed changes (see paragraph 2.1) will promote a greater understanding of and facilitate roles and responsibilities for landlords and agents, and will be of great benefit to ensure tenants are fully informed of their rights and responsibilities.

4. Does the policy provide the opportunity to promote equality of opportunity or good relations?

Yes. The position of private tenants will be improved by higher standards of landlord registration and HMO licensing, by overcrowding being addressed more effectively than at present and by tenants being better informed of their rights. Improving living standards will particularly benefit groups with higher representation in the sector - young people, migrant workers, people from ethnic minorities and religious minority groups - helping to protect their rights and wellbeing and promoting equality of opportunity.

5. Do we need to carry out a further impact assessment?

This initial assessment forms part of the consultation on the possible provisions for inclusion in the Bill. We do not have all the answers and we would particularly welcome your comments on the questions above. We would also welcome any other views you have about how the proposed changes to (a) the landlord registration system; (b) licensing of HMOs; (c) overcrowding; and (d) the tenancy regime, will affect equal opportunities for all groups of people.

Question A.19: When we complete our impact assessment of the proposed changes to (a) the landlord registration system, (b) licensing of HMOs, (c) overcrowding; (d) mobile homes and (d) the tenancy regime, are there any other significant issues we need to consider in relation to:

• Age
• Disability
• Gender
• Lesbian, Gay, Bisexual and Transgender
• Race
• Religion and Belief?

We will publish the full equality impact assessment if the proposed private housing bill becomes law.

PART 2: LICENSING OF MOBILE HOME SITES

We would like your views on this draft equality impact assessment ( EQIA), which is part of the consultation on a proposed housing bill. Your responses to the questions included will help us to carry out a full equality impact assessment of the proposals.

Please note that the draft EQIA is divided into three parts which cover the three main subject areas in the consultation. Part 1 of the draft EQIA covers private rented sector issues, Part 2 covers licensing of mobile home sites and Part 3 covers twenty year rules.

This is Part 2 of the draft EQIA on licensing of mobile home sites.

1. Aims of the policy

2. What do we already know about the diverse needs and/or experiences of your target audience?

Do we have information on:

The proposed changes in the consultation will affect mobile homes site owners and residents.

2.1 The proposals we are consulting on are intended to:

• Strengthen the licensing regime for mobile home sites, increasing local authorities' powers to monitor and enforce compliance with site licence conditions.
• increase local authorities' powers to progress enforcement action where there are breaches of licence provision without having to approach the courts.
• strengthen the legislation to require individuals to demonstrate they are suitable to hold a site licence.

2.2 Mobile homes site owners and residents

Research published by the Scottish Government in December 2007 ( Residential Mobile Homes in Scotland) shows that residential mobile homes have a diverse range of occupants and play a varied role in the housing market.

Residential mobile homes provide accommodation for circa 4,500 households in Scotland. Highland Council has the highest number of mobile homes (501), followed by Midlothian (365), Aberdeenshire (345) and Glasgow (321). This type of accommodation is often referred to as a "Park Home".

Here are some findings from the research about the diversity of residents based on respondents to a questionnaire:

• Household type - half the respondents in the park homes were single. 42.5% were couples and 7.5 % were couples with children.
• Age - 7.5 % of the respondents living in park homes were under the age of 49. 25% of respondents were between the ages of 50 and 59; 40% were aged between 60 and 69 and 27.5% were over 70.
• Economic status -given the age profile of the respondents it was perhaps not surprising that half of those living in park homes were retired. 17.5% were working full time, a further 17.5% were working part time, 2.5% student. 5% of respondents were unemployed and 7.5% of respondents noted that they were not working due to ill health.
• There is currently no evidence to determine how changes to the legislation would impact on the equality strands of gender, religion and belief, LGBT groups and race.

3. What does the information we have tell us about how this policy might impact positively or negatively on the different groups within the target audience?

Licensing of mobile home sites

We consider that the proposed changes to the licensing of mobile homes sites will enable local authorities to improve standards in the sector and encourage good practice.

4. Does the policy provide the opportunity to promote equality of opportunity or good relations?

Yes. Enabling local authorities to engage their powers and apply the mobile home licensing regime more effectively would improve standards of site management and services for all mobile home site residents.

5. Do we need to carry out a further impact assessment?

This initial assessment forms part of the consultation on the possible provisions for inclusion in the Bill. We do not have all the answers and we would particularly welcome your comments on the questions above. We would also welcome any other views you have about how the proposed changes to the licensing of mobile homes will affect equal opportunities for all groups of people.

• Age
• Disability
• Gender
• Lesbian, Gay, Bisexual and Transgender
• Race
• Religion and Belief?

We will publish the full equality impact assessment if the proposed private housing bill becomes law.

PART 3: THE 20 YEAR LEASE AND STANDARD SECURITY RULES

We would like your views on this draft equality impact assessment ( EQIA), which is part of the consultation on a proposed housing bill. Your responses to the questions included will help us to carry out a full equality impact assessment of the proposals.

Please note that the draft EQIA is divided into three parts which cover the three main subject areas in the consultation. Part 1 of the draft EQIA covers private rented sector issues, Part 2 covers licensing of mobile home sites and Part 3 covers the 20 year rules.

This is Part 3 of the draft EQIA on the 20 year rules.

1. Aims of the policy

2. What do we already know about the diverse needs and/or experiences of your target audience?

Do we have information on:

As noted above, any proposed changes would affect the mechanisms for funding the provision of both affordable housing (such as shared equity, mid-market rent and social rented housing) and potentially also private rented and mixed tenure housing projects. However, the changes should not impact directly on decisions by local authorities, housing associations or the private sector about who would live in the housing provided and what types or locations the homes would be offered in. The target audience is difficult to define, particularly when the scope of any proposals is not yet known as it is dependent on the views of consultees.

The 2007-2008 Scottish Household Survey ( SHS) shows that for tenure by age, the percentage of the population surveyed who were social renters remained reasonable well spread across all the age ranges at between 17% and 28% (on average, 21% of those surveyed were social renters). For private renters (who form around 9% of all households), around 20% of the population surveyed were in the 16-34 years age group, with only 2-7% of the population surveyed in the remaining age groups being private renters; this suggests that any private rented homes provided would predominantly attract younger people.

In terms of tenure by disability, the SHS shows that 35% of the 7.5% of the population surveyed who said they were disabled were social renters, but only 5% were private renters (suggesting that less than half a percent of private renters felt they were disabled). In relation to gender, the SHS indicates that only 20% of men are social renters and 10% are private renters, while some 22% of women are social renters and 8% are private renters. In relation to race, the 2007 SHS indicates that 97.9% in Scotland describe themselves as white.

While we can assume that some of the beneficiaries would be social and private renters, it is not possible at this stage to know in detail the likely impact on equalities groups, although we welcome views on any potential impacts that should be taken into consideration. Decisions on target tenant or buyer groups for the provision of any affordable housing by any housing provider should be taken by or in liaison with the relevant local authority who would have regard to its Local Housing Strategy in considering the target groups who would benefit from housing provided through any specific project.

If any new schemes (Scotland-wide or local) were able to be established as a result of any changes in the 20 year rules, then we would want providers to ensure that these would be accessible to all equality groups, and where any Scottish Government funding was provided, we would want to make sure appropriate monitoring was put in place to check that no equalities groups were facing particular issues in accessing a scheme.

2.1 The issues we are consulting on are:

• Whether changes should be made to the 20 year residential lease rule to encourage longer term private investment in housing by for example allowing land owners to offer longer leases in certain circumstances or to certain types of organisations.
• Whether changes should be made to the 20 year standard security rule to encourage longer term private investment in housing.

3. What does the information we have tell us about how this policy might impact positively or negatively on the different groups within the target audience?

As noted above, the information currently available is very limited as we are not yet making any proposals and, as a result, there could be a wide range of potential customers benefiting from any changes in the way housing projects are financed.

4. Does the policy provide the opportunity to promote equality of opportunity or good relations?

Potentially yes. If proposed, any changes should help in making more tools available to local authorities and local housing providers to meet the full range of housing needs of different groups in their area. Whilst the types of project offered as a result of any legislative changes could vary significantly and would still depend on the availability of willing funders, any increase in the number or types of housing available should to some extent assist local authorities in offering greater choice to housing customers and in meeting a range of different housing needs.

5. Do we need to carry out a further impact assessment?

Yes. This initial assessment forms part of the consultation on the possible provisions for inclusion in the Bill. We do not have all the answers and we would particularly welcome your comments on the questions above. We would also welcome any other views you have about how the proposed changes to the 20 year rules will affect equal opportunities for all groups of people.

Question C.5: When we complete our impact assessment of the proposed changes to the 20 year rules, are there any other significant issues we need to consider in relation to:

• Age
• Disability
• Gender
• Lesbian, Gay, Bisexual and Transgender
• Race
• Religion and Belief?

We will publish the full equality impact assessment if the proposed private housing bill becomes law.