MSPs back independent right of appeal against Scottish Housing Regulator decisions

A clear and independent right of appeal against decisions made by the Scottish Housing Regulator (SHR) will now be introduced after Evelyn Tweed MSP secured approval for an amendment to the Housing (Scotland) Bill.
The Stirling representative, who first mooted the amendment late last year, said the reform would bring greater fairness, transparency, and accountability to housing regulation in Scotland.
According to Ms Tweed, the present internal appeals process offered by SHR “lacks independence” and “is not widely respected by housing organisations”.
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.
Covering a wide range of the most serious SHR interventions, the new system allows social landlords to request an internal review by the SHR and, if necessary, escalate their case 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.”