Scottish Housing Bill 12-month eviction ban amendment would be a “gift for rogue tenants”

Industry bodies and politicians warn a Scottish Housing Bill amendment preventing evictions in the first 12 months of a tenancy would only benefit rogue tenants and risk driving landlords out of the sector.

The Scottish Greens have tabled the amendment, which would require landlords to wait a year before evicting tenants to sell the property or to move themselves or their family in.

The party claims the amendment would “protect tenants from rogue landlords lining their own pockets.”

However, the Scottish Association of Landlords argues it shows politicians are “intent on pitching the interests of tenants against landlords” rather than solving the housing crisis, while the Scottish Conservatives have urged the government to reject the amendment.

Every renter deserves peace of mind

Scottish Green MSP Maggie Chapman, who tabled the amendment, also wants renters to have a longer notice period of four months, instead of the current one and three months’ notice, depending on how long they have lived in the property.

Ms Chapman claims her amendments would protect tenants and points out that under the Renters’ Rights Bill in England, this amendment has already been agreed.

She said: “Every renter deserves peace of mind and a secure place to call home. There are few things as important to us as where we live, but far too many people, including families and young people, are at the mercy of rogue landlords who are more interested in lining their pockets than they are in providing a stable home.

“Nobody should be moving into a new home one day only to be threatened with eviction the next. That doesn’t allow people to plan or to settle into a new community and a new life.”

She adds: “All parties agree that Scotland is in a housing emergency. We need to act like it. My amendments are about giving people security and dignity and ensuring that everyone has the opportunity to make a house into a home.

“If the Scottish government does not support our plans, it will need to explain to Scots why they don’t deserve the same protections from evictions renters south of the border will shortly be getting.”

A 12-month eviction ban is a gift to rogue tenants

However, the Scottish Conservatives warn the opposite effect will happen and the amendment will benefit rogue tenants and urge the Scottish government to reject the “dangerous amendment.”

Meghan Gallacher MSP, Shadow Cabinet Secretary for Housing, told Property118: “This ludicrous amendment highlights once again the Greens prioritising their extremist ideology over the needs of Scottish renters.

“A 12-month eviction ban is a gift to rogue tenants and will drive more landlords out of the sector, worsening Scotland’s Nationalist-created housing emergency.

“In the week when record homelessness figures were announced, this reckless proposal would make it even harder for families to find a home.

“SNP ministers who have foolishly adopted the Greens’ damaging rent controls policy, must reject this dangerous amendment.”

Political posturing rather than solutions

The Scottish Association of Landlords (SAL) accuse the Scottish Greens of “political posturing” rather than coming up with solutions to the housing crisis.

Chief executive of SAL, John Blackwood, tells Property118: “It is disappointing that some politicians seem intent on pitching the interests of tenants against landlords, showing that they are more concerned with political posturing than in finding solutions to the housing crisis.

“We will continue to work constructively with all good faith stakeholders so that Scotland’s housing market and its private rented sector works for everyone.”

Mr Blackwood adds more pragmatic amendments to encourage landlord investment and protect renters, such as the rent increase amendment.

He said: “The recent announcement by the Cabinet Secretary for Housing to, in principle, explore the possibility of regulations that would allow for rent increases where the rent has been held consistently below market rent or where there has been investment in improvements to the quality of the rented property, where this is appropriate, is both welcome and a pragmatic step by government.

“It ensures that the Housing Bill is balanced, evidence-based, protects tenants, and encourages continued landlord investment.”

Driving good landlords away from the sector due to imbalanced and impractical regulation

Henry Griffith, senior policy and campaigns officer at Propertymark, says the industry body has supported sensible proposals to the bill but warns of amendments that risk damage to the private rented sector.

He tells Property118: “The sentiment expressed by Maggie Chapman MSP that every renter deserves peace of mind in their home is positive in principle. However, as the Scottish government fails to address the housing crisis, undermining confidence in the private rented sector would have worse implications for tenants.

“As the bill passes through the Scottish Parliament’s legislative process, Propertymark have supported proposals to introduce comprehensive safeguards covering aspects such as how relationship breakdowns and abuse might be managed. In addition, Propertymark highlighted the need for a standardised process for notices to be laid out in joint tenancy agreements.

“However, it is vital that any new legislation designed to protect tenants’ rights consists of balance and fairness for all parties involved.

“As included within the Renters’ Rights Bill for those who live in England, an initial 12-month protected period of tenancy can present serious issues for landlords who may have a genuine reason for needing to move back into or sell their property for reasons outside their control. This has led some landlords to express an intention to sell, which demonstrates a reduction in investment into the private rented sector.

“As such, the proposed amendment on initial notice periods across Scotland needs acknowledgment, and sensible provision made to help mitigate the risk of driving good landlords away from the sector due to imbalanced and impractical regulation.”

Likely prove detrimental and excessive

He adds: “Therefore, Chapman’s potential amendment that landlords should be banned from evicting tenants for the first 12 months, even if there are identifiable considerations that should be deliberated, would likely prove detrimental and excessive if approved by the Scottish Parliament.

“Inevitably, once any new legislation comes into force, it is vital there is adequate court provision to support key principles and ensure issues are resolved robustly and efficiently to help maintain constructive tenant-landlord relationships.

“With an ever-growing population and a 50% rise in affordable housing needs in just the past 5 years alone, it is vital that long-term investment is encouraged within the private rented sector to keep pace with increasing demand.”