Possession rules don’t need to change, agents tell Scottish government



There is no evidence to support the need to change the way grounds for possession are applied in Scotland’s private rented sector, letting agents have told Scottish government officials.

During the pandemic grounds for possession were made discretionary, but now the government wants to make this a permanent alteration.

Agents and landlords are unhappy with this proposal because it would make it harder to kick tenants out, even there’s a perfectly valid reason to recover the property.

At the roundtable agents said the current system is working effectively and fairly in most cases. One agent even suggesting that notice to end tenancies instigated by landlords outnumber those from tenants by eight to one.

The meeting was organised by estate agency group Propertymark.

Daryl McIntosh, Propertymark’s policy manager for the devolved nations, said: “The takeaway from our roundtable was that the current regime is working well and a concern that some of the proposed changes such as those to grounds for possession, are unnecessary and will place additional burdens and costs on landlords that will be detrimental to the sector.

“The message to the Scottish Government officials who attended our event was clear: landlords are really feeling the pressure of endless legislative changes and will continue to head for the exit door if more are pushed through without solid evidence that they are needed.”

The discussion was the first of three organised by Propertymark as part of the consultation into how the Scottish government says it intends to work with landlords and tenants to provide affordable, accessible, and energy-efficient homes through its New Deal for Tenants.

Also discussed were changes to ending joint tenancy arrangements, specifically relating to incidents of domestic abuse; tighter restrictions on landlords taking back properties to allow them to be used as short-term lets; and a possible winter eviction ban.

The draft A New Deal for Tenants is set to be finalised by the end of this year and new legislation will be brought before parliament in 2023.

Two more roundtables organised by Propertymark will take place this month, looking at balancing rights and risks on 15 March and the issue of rent controls on 23 March.

Comments 1

  1. My notes on this:

    Can someone please tell her
    stricter regulations for private landlords
    Only results in less houses for tenants, more costs for tenants, more expensive rents for tenants.

    I posted this elsewhere:

    To a degree, let us do as we wish (law permitting), let us evict naughty non paying tenants very quick, then there will be plenty of Mick’s & Monty that will say:

    What, I can get rid of her in a month if she don’t pay?
    Ok yes, I’ll take a chance on her, I’ll house all them people that can’t get a house, I’ll buy some more houses.
    Then tenants will have more choice & if Mick & Monty don’t up his game & charge too high rent, tenant will say Screw u, I’m going up road to the Monty’s house which is better condition & cheaper.
    Then Mick & Monty have no tenants till they improve their houses. As then there will be more competition.
    But as it is in Nottingham with all the Universal Credit daftness & Selective Licensing (Labour supported), Benefit tenants can’t virtually move any more. No Landlord will take the risk with them.

    These Stricter regulations has got rid of the competition that was thinking Why am I being punished when I’ve done nothing wrong?

    I am now not only worried for my tenants any more, I’m really concerned for myself. I can’t have all these houses round my neck when I’m 70 with all the new Anti-Landlord rules coming in & going to prison falling foul of a new rule. I want to sell a lot of them now, but the tenants just aren’t going anywhere. The rules has made it impossible for them to move. I’m still earning as all my current tenants are good, but I want time, I want to slow down.

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