Landlords raise ‘significant concerns’ over plans to change eviction rules

Landlords have raised "significant concerns" over plans to change eviction rules in Scotland, insisting the move could open the door to discrimination against the elderly and those with young children.

The Scottish Association of Landlords (SAL) said it could also reduce the supply of homes and lead to a hike in rents.

The controversial Coronavirus (Recovery and Reform) (Scotland) Bill aims to make some emergency coronavirus powers permanent.

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As part of this, mandatory grounds for eviction would be made discretionary.

Picture: John DevlinPicture: John Devlin
Picture: John Devlin

This means a tribunal would no longer be required to issue an eviction order and would instead have to consider whether it is reasonable to do so.

Mandatory grounds for eviction currently include if the landlord intends to sell a property or live in it as their main home. A tenant being in rent arrears for at least three consecutive months can also be a mandatory ground under certain circumstances.

Responding to a Scottish Government consultation, John Blackwood, chief executive of SAL, said: "We have significant concerns about all evictions being made discretionary on a permanent basis."

He added: "We believe this proposal will dent investor confidence and make what is already an unfavourable legislative and policy framework for landlords even less attractive with the potential to result in a reduction in the supply and quality of homes available to those who choose to live in the private rented sector.

"A reduction in the supply of properties would, via market forces, lead to an increase in market rents.

"It is also likely to impact most on the ability of vulnerable tenants to access housing in the sector with landlords naturally selecting tenants they consider to have more stable finances and lives."

Mr Blackwood said making all grounds discretionary "will also lead to landlords being more reluctant to let to tenants whose circumstances might in any way be considered to influence a tribunal conducting a reasonableness test, for example tenants who are elderly or have young children enrolled in local schools/nurseries".

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He added: "It may even result in some landlords unlawfully discriminating against tenants which although illegal is very hard to prove in a sector which often has a shortage of properties available resulting in landlords receiving multiple applications/enquiries from which to choose a tenant for their property."

A Scottish Government spokesperson said: “All eviction grounds have been discretionary for council and housing association tenancies for 20 years – this Bill will place the private sector on a similar footing as part of our aim to develop a more unified approach across all forms of renting. Giving the Tribunal discretion does not prevent a landlord from taking action if that is necessary – it simply means a Tribunal can take into account all of the circumstances relating to a case before making a decision.

“Good landlords recognise the case for keeping tenants in their homes where possible, so adding a final check from the Tribunal will support responsible management, recognise financial and other pressures that tenants can face and help prevent homelessness.”

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