Scottish eviction reforms – what is the latest?

The way evictions are handled across Scotland has now drastically changed and will have an impact on all parties in the lettings process north of the border.

The changes are set to come into fruition later this year – and effectively make temporary changes introduced during the pandemic permanent, despite strong opposition from the industry.

As West Lothian’s first dedicated lettings agency, we use our knowledge and expertise to outline the latest details about Scottish eviction reforms.

The upcoming changes to evictions

The Coronavirus (Recovery and Reform) Bill was passed by the Scottish Parliament towards the end of June. Under this Bill, every possession claim will be subject to the judgment of the First-tier Tribunal, and an order will only be permitted where the tribunal agrees the ground exists.

Currently, the 18 grounds are temporarily discretionary (as a result of the pandemic), yet the Bill seeks to make those measures permanent starting from October this year.

These changes would mean that a tribunal would no longer automatically remove a tenant from the home in important instances. If a landlord has tenants exhibiting anti-social behaviour, tenants who fail to comply with their tenancy agreement, or tenants in rent arrears, removal would be sought but under these changes, the tenant will remain present.

Another common circumstance where a landlord will seek to remove the tenant from the property is if they need their property back, but under this legislation where all grounds for eviction are discretionary, this would not be possible.

How will these changes impact the industry?

By only permitting evictions in cases where the tribunal agrees the ground exists, tenants who are struggling to pay their rent are more likely to be met with less pressure.

The official homelessness statistics from 2020 to 2021 show that there was a notable decrease in households becoming homeless from a private rented tenancy. During this time, a drop from 5,145 to 2,984 was recorded. Those in favour of the changes argue the introduction of this bill should help to further prevent homelessness and reduce these figures further still.

However, some groups have met these changes with apprehension as they are concerned that these changes will deter landlords from private lets altogether. The fewer private landlords, the fewer rental properties available to tenants – and supply is already an issue – which could cause a further reduction in private rental stock in Scotland when it is needed more than ever.

With the supply and demand discrepancy in housing stock across Scotland still a major issue, these changes could worsen this matter.

Overall, the system could be seen to be more beneficial to tenants as opposed to landlords. Many presume these changes will make landlords reduce their property portfolios or leave the industry altogether. If this is the outcome in Scotland, prices to rent will likely increase and make renting a home more difficult.

But previous changes which have supposedly favoured tenants in the Scottish rental market haven’t led to a mass exodus of landlords, and plenty of opportunities still remain for those who invest wisely and make their homes as attractive as possible.

Here at Letting Solutions, West Lothian’s first dedicated lettings agency, we can guide you through all aspects of the lettings journey and can help you to get the most from your rental properties as a result. You can find out more about our current hours of service and our current ways of working here.

Please don’t hesitate to contact us, even if you are not a current client. You can ring us on 01506 496006 where our team are waiting to help. Or you can email us at: rent@letting-solutions.co.uk.

You can find out more about our current hours of service and our current ways of working here. Please don’t hesitate to contact us, even if you are not a current client. You can ring us on 01506 496006 where our team are waiting to help. Or you can email us at: rent@letting-solutions.co.uk.