INSIGHTS
Across the United Kingdom, the social housing sector has been severely underfunded in recent decades, leading to a sharp decline in new properties being built for the purpose of social housing. Government policies such as the sale of council homes under the ‘Right to Buy’ scheme in the 1980s have further depleted the social housing stock, and successive governments have failed to replace homes in England at the same rate that they were being sold. As a result, there are currently over 1.5 million people in England on waiting lists for social housing.
Since devolution, the Scottish government has had greater control over housing policy, allowing it to focus more heavily on the social sector and responding to the mounting housing crisis. The Housing (Scotland) Act 2014 stipulated that a tenant’s ‘Right to Buy’ their council house came to an end on 31 July 2016, whereas council tenants can still purchase their council house in England if they meet the criteria.
In recent years, Scotland has made significant efforts to increase the supply of affordable housing. The Scottish Government’s 2015-2020 Affordable Housing Supply Programme invested £3 billion to deliver over 50,000 affordable homes, a significant commitment that helped to boost supply. This effort has continued with the launch of the 2021-2026 Affordable Housing Programme, which aims to deliver 110,000 new affordable homes by 2032, of which at least 70% will be available for social rent and 10% will be built in rural and island communities. In England, the 2021-2026 Affordable Homes Programme: allocated £8.03 billion to deliver at least 100,000 affordable homes outside of London by the end of March 2026. Scotland’s investment in affordable housing per capita is almost 3 times greater than in England.
Housing affordability and rent control
Affordability remains a critical issue across the UK, but Scotland has introduced additional measures aimed at controlling rent prices. In Scotland, the private rental sector is regulated by the Private Residential Tenancy (PRT) system, introduced in 2017, which provides greater security of tenure for tenants and more predictable rent increases. Additionally, rent controls have been a topic of increasing debate in Scotland, particularly in cities like Edinburgh, where rental prices have soared in recent years. The Scottish government has committed to exploring rent control measures, and in 2022, Scotland introduced a rent freeze in response to the ‘cost of living’ crisis, a move that was not mirrored in England.
In England, rent controls are largely absent, and the private rental market remains largely unregulated. This lack of regulation has contributed to rising rents, particularly in major cities like London, where many lower-income families are forced into overcrowded or poor-quality housing. The affordability gap between wages and rent has widened, especially in southern England, exacerbating the housing crisis.
Policy focus and political landscape
The political landscape and priorities in each region have also shaped housing policy. In England, housing policy has been strongly influenced by a mix of market-driven approaches and austerity measures. There has been a significant focus on homeownership, with policies encouraging private ownership over social housing. This is evident in schemes like Help to Buy, which is designed to assist people in purchasing homes. However, these policies have done little to address the growing demand for affordable social housing.
In Scotland, the approach has been more rooted in socialism, with the Scottish Government prioritising affordable housing and tenants’ rights. Scotland’s commitment to human rights-based housing is enshrined in its legislative framework, emphasising the right to adequate housing as part of a broader social safety net. The Scottish government also places a strong emphasis on combating homelessness, with the Homelessness etc. (Scotland) Act 2003, which guarantees the right to permanent accommodation for people who are homeless. It was also announced on 13 March 2025 that amendments to the Housing (Scotland) Bill will seek to include a stronger importance on preventing homelessness with more duties placed on social landlords and relevant bodies to identify the risk of someone becoming homeless at an early stage to avoid this outcome where possible.
Homelessness
Homelessness is a major issue across the United Kingdom, though Scotland’s progressive legislation has helped mitigate some of the impacts. The Homelessness (Scotland) Act 2003 ensures that everyone who is homeless or threatened with homelessness has a legal right to housing in Scotland. This is an important distinction compared to England, where homelessness is increasing, and many people do not have the same level of protection or rights to permanent housing.
Housing quality
In terms of housing quality, Scotland has also been at the forefront of improving housing standards. The Scottish Housing Quality Standard (SHQS), introduced in 2004, sets out minimum standards for the condition of social housing, ensuring that homes are safe, healthy, and fit for habitation. In England, there has been a history of deregulation of consumer standards, with a diversion of funding away from traditional social housing to other forms of affordable housing. Following significant health and safety incidents in social housing (including the tragic death of Awaab Ishak and the Grenfell Tower fire), there has been a shift in recent years towards greater regulation reforms aimed at improving the safety and quality of social housing, including the Social Housing (Regulation) Act 2023.
Conclusion
The social housing crisis is affecting all parts of the United Kingdom and undoubtedly more investment is needed north and south of the border to tackle this important issue. With greater control over housing policy, the Scottish Government has made substantial investments in affordable housing and tenant protections, as well as exploring measures such as rent controls. In contrast, the situation in England is marked by underinvestment in social housing, a lack of rent regulation, and policies that often prioritise home ownership over affordable rental options. As the crisis continues to grow, Scotland’s proactive and progressive approach may serve as a model for neighbouring England, particularly in terms of prioritising affordable, quality housing for all.
About the authors
Legal Director
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