Social housing landlords in Scotland are going to find it a lot more difficult to evict a tenant who fails to pay their rent from now on. Recent changes made to the 2010 Housing Scotland Act are designed to counteract the effects of the current financial difficulties faced by millions of low-income families, by reducing the number of tenant evictions for rent payment arrears.
Shelter, a leading housing charity in Scotland, has welcomed the move as it is seeing increasing numbers of poorer families struggling to pay their rent, which in the worst cases leads to the family being evicted from their home. The changes to the Housing Act now mean that tenants living in social housing, whether Local Authority owned or in the private sector, will be afforded the same protection as homeowners.
How does this affect social housing landlords in Scotland?
Social housing landlords will now have to meet a number of pre-eviction requirements before being granted a court eviction order to remove any tenant who has not paid their rent. Landlords will have to show that they have tried to help the tenant: for example by offering a reduced repayment plan for any outstanding rent. Landlords will also be obliged to offer helpful advice on such topics as Housing Benefit.
Can problem tenants still be evicted for non-payment of rent?
Yes, any tenant who wilfully refuses to pay their rent can still be removed via a court eviction notice. However, ‘bad tenants’ are generally few and far between and in most cases the problem is caused by a lack of money rather than a strong desire not to pay up.
