Lettings coalition seeks legal opinion on Scotland’s rent freeze and eviction ban

Lettings coalition seeks legal opinion on Scotland’s rent freeze and eviction ban

10:16 AM, 13th October 2022, About 2 months ago 2

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A coalition of landlord and lettings bodies is seeking legal advice on the Scottish Government’s rent freeze and eviction ban legislation.

The coalition has been formed between the Scottish Association of Landlords (SAL), Propertymark, the National Residential Landlords Association (NRLA) and Scottish Land and Estates (SLE).

They are seeking a legal opinion on the validity of the Scottish Government’s Cost of Living (Tenant Protection) Scotland Bill.

The legislation was approved by Holyrood last week by 89 to 27 votes and will be in place until March 2023 – at least.

Opine if the legislation breaches the individual rights of landlords

The coalition has instructed the Lord (Neil) Davidson of Glen Clova KC, Advocate at Axiom Advocates, to opine if the legislation breaches the individual rights of landlords in Scotland, including a breach of the European Convention on Human Rights.

SAL and the coalition will consider all legal options available to them if Lord Davidson’s opinion makes clear a breach of landlords’ rights has occurred. His decision is due within the next month.

John Blackwood, the chief executive of SAL, said: “With a heavy heart, SAL, in partnership with SLE, the NRLA, and Propertymark is taking legal counsel about the Scottish Government’s rent freeze and eviction ban legislation.

“Seeking a legal opinion has been our last resort because our concerns are not being listened to by the Scottish Government.”

‘Lacking in the kind of detail landlords need assurance about’

He added: “This emergency legislation is high-minded in spirit but lacking in the kind of detail landlords need assurance about.

“Uncertainty for landlords only creates ambiguity for tenants, and I do not think the government appreciates the level of confusion it has now created.”

Mr Blackwood continued: “We have repeatedly said we are all willing to work with the Scottish Government and ministers.

“This is a tough time, but that does not excuse ill-designed legislation that may be the final straw for the private rented sector.

“We are gravely concerned that in a bid to do something to help tenants, the Scottish Government have forgotten the underlying stresses in the PRS that we have been warning about for years.”

‘Tenants across the country are already facing a supply crisis’

Ben Beadle, the chief executive of the National Residential Landlords’ Association, said: “Tenants across the country are already facing a supply crisis in the PRS.

“Far from making things better, a rent freeze will mean less choice for tenants, making it more difficult for them to access the housing they need.”

He added: “A viable and thriving PRS is vital to a healthy housing market.

“Sadly, the actions of the Scottish Government damage this objective and will ultimately hurt tenants the most.”

‘Claimed that the Bill achieves the balance between tenants’ and landlords’ rights’

Sarah-Jane Laing, the chief executive of Scottish Land & Estates, which represents some of the largest providers of housing in rural Scotland, said: “Mr Harvie (the Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights) repeatedly claimed that the Bill achieves the balance between tenants’ and landlords’ rights to ensure legislative competence, but we do not share his views.

“The acute shortage of properties available for rent in rural Scotland is stark and such legislation will only exacerbate the situation – to the detriment of the rural economy and communities.”

Nathan Emerson, the chief executive of Propertymark, said: “The concern we hold over this new legislation is the lack of evidence and rushed consultation before large decisions are being made that will significantly impact the use and ownership of property.

“Landlords and agents alike have proven their ability over the pandemic to work with tenants, many landlords have kept their rents lower in a bid to help but it must be acknowledged that their costs are rising too.

“This legislation is huge for the sector and the impact on those providing much needed homes must not be underestimated.”



Comments

Paul Maguire

13:24 PM, 13th October 2022, About 2 months ago

Surely Scottish PRS Landlords are now well over the bar for Charity Status and entitled to the tax breaks that Charities enjoy.....especially on profits from property sales !!

Mr.A

16:38 PM, 15th October 2022, About 2 months ago

Just on the edge of profitability, last year i was doing ok but the interest rate rises have crippled any returns , should I wait and see what happens with the rent and eviction freeze and put up with all the hassle of being a landlord ,endless regulation to follow some are non sense, or just sell and be done with it, it does seem tempting to just sell and when I've sold no matter what, I will not reinvest in the PRS. Especially not in Scotland.
Being a landlord is classified by taxman as unearned income , really ,we should be reclassified as non profit charities.

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