A landmark amendment to the Housing (Scotland) Bill, secured by Evelyn Tweed MSP, has been approved by the Scottish Parliament, introducing a clear and independent right of appeal against decisions made by the Scottish Housing Regulator (SHR).
The reform replaces an internal appeals process widely seen as lacking independence. The only previous option for Registered Social Landlords (RSLs) to challenge a decision independently was through judicial review, which is a prohibitively expensive and slow process that has never been used in such instances. The new system allows decisions to be appealed to the independent First Tier Tribunal for Scotland, aligning housing regulation with the framework used by the Office of the Scottish Charity Regulator (OSCR).
The amendment has received strong backing from leading sector bodies, including the Scottish Federation of Housing Associations (SFHA), the Glasgow and West of Scotland Forum of Housing Associations (GWSF), and Share.
Evelyn Tweed MSP for Stirling said:
“This reform corrects a historic anomaly. Since its inception in 2011, the Scottish Housing Regulator has held unchecked power, making decisions that could dissolve local organisations and cost tenants hundreds of thousands of pounds, without any independent oversight.
“Securing this independent right of appeal is a vital safeguard. It means these profound decisions will now be subject to a fair and fully independent appeals process, which will benefit all social housing landlords, particularly the community-controlled organisations that have borne the brunt of regulatory intervention. This landmark change will help rebuild trust in regulation. I hope the SHR will respond positively and operate more transparently to avoid the need for appeals in the first place.
“I am grateful to my Parliamentary colleagues across parties who listened to those working on the ground. I must also recognise the representative bodies that fought for this change for over a decade. Their persistence has been vital in delivering a reform that will benefit tenants, housing providers, and communities alike.”
David Bookbinder, Director of the GWSF, said:
“Our member associations would always hope that any dispute with SHR could be resolved quickly and amicably at an informal stage, but as a matter of principle any regulatory body should have an independent appeals mechanism and so GWSF very much welcomes the Bill amendment.”
Alan Stokes, SFHA Policy Lead, said:
“Since the beginnings of the Scottish Housing Regulator in 2011, SFHA has called for a truly independent appeals process for regulatory decisions to be implemented. We briefed MSPs before the final stages of the Bill that this amendment would be useful and welcome this change coming to fruition.”
The new appeal process covers a wide range of the most serious SHR interventions. This reform ensures a fairer, more transparent, and accountable system for tenants, landlords, and housing associations across Scotland.
ENDS
