Shelter Legal Scotland What's New

Unlawful eviction - letter to the police

24 Apr 2012

A standard letter for advisers to send to a tenant's local police force in the event of an unlawful eviction, or threatened unlawful eviction, has been added to the page on practical action, in the section on remedies for unlawful eviction and harassment. The letter explains the law which makes harassment and unlawful eviction criminal offences and states the associated crime code, which police forces in Scotland use to record the crime of unlawful eviction.

Tenancy deposit schemes will operate from 2 July 2012

11 Apr 2012

The Scottish Government recently announced that the first tenancy deposit scheme has been approved and will start to operate from 2 July 2012. It is envisaged that two other schemes will also go live on this date, presuming that they too are approved by the Scottish Government. The page on tenancy deposit schemes has been updated with the dates that landlords must register tenants' deposits with one of these schemes.

Ordinary cause procedure and Scottish secure tenancy evictions

11 Apr 2012

The case of City of Edinburgh Council v Mr. James Burnett addressed the issue of whether a landlord could competently raise an action for eviction and arrears at ordinary cause level in relation to a short Scottish secure tenancy where rent arrears exceeded £5,000 (the limit for summary cause actions). Usually actions for eviction in respect of secure tenancies are raised using summary cause procedure in terms of s.36 of the Housing (Scotland) Act 2001. The sheriff decided that both claims could be combined in one ordinary cause action. To require two separate actions, one for the arrears and one for eviction, would be unnecessarily complicated and costly.

The page on repossession action procedures in the Scottish secure tenancies section of Shelter Legal has been updated in light of this caselaw.

Local housing allowance rates to be frozen from April 2012

07 Mar 2012

From April 2012 LHA rates will be frozen for one year, this is in preparation for the switch to annual uprating by the Consumer Price Index. The page on how local housing allowance is calculated has been updated with this change.

New tenancy deposit schemes to go live in 2012

06 Mar 2012

It is expected that one or more tenancy deposit schemes will become operational across Scotland in 2012. This will mean that eventually all private landlords will be required to register deposits in an approved tenancy deposit scheme. In light of this we have a new page on tenancy deposit schemes which explains how it's envisaged that these schemes will work in practice. Our content will be updated again once the date that the first scheme will go live is known.

The temporary closure of private sale and rent back schemes

07 Feb 2012

Due to a recent review that found that most sale and rent back sales were unaffordable and unsuitable. The FSA has effectively closed down any future transactions. If customers with existing sale and rent back agreements have concerns about their agreement they should contact their Sale and Rent back agent, or seek professional advice. The page on Mortgage Rescue Schemes has been updated.

New powers for local authorities in relation to HMO applications

31 Jan 2012

The HMO licensing regime has been amended. Local authorities can now refuse an HMO application if there has been a breach of planning law in respect of the property. Applications can also be refused if there is an overprovision of HMO properties in the area, or the granting of the application itself would result in overprovision in that area. The page on local authority powers in relation to HMOs has been updated with this amendment. These changes were brought into force by the Private Rented Housing (Scotland) Act (Commencement No.2 and Transitional Provision) Order 2012.

National Accommodation Strategy for Sex Offenders (NASSO)

24 Jan 2012

The Scottish Government recently published updated guidance for agencies that work with registered sex offenders, called the Multi Agency Public Protection Arrangements (MAPPA). This included the National Accommodation Strategy for Sex Offenders (NASSO). NASSO explains how housing contributes to MAPPA and sets out the arrangements for housing offenders subject to the sex offender notification requirements. Links to the guidance have been placed on the pages on the allocation of housing and sources of homelessness law and guidance.

Caselaw on EEA nationals retaining worker status

06 Jan 2012

The recent case of Secretary of State for Work and Pensions v Elmi [2011] EWCA Civ 1403 changed the law in relation to EEA nationals retaining worker status. The Court of Appeal held that in the case of income support, by declaring on the claim form that the applicant was looking for work, this was sufficient to conclude that they were a person seeking work. Previously it was necessary to register for jobseeker's allowance to be classed as actively seeking work. The page on qualified persons with an extended right to reside has been updated.

Shared accommodation rate is extended to cover under 35s

01 Jan 2012

On 1 January 2012 the shared accommodation rate was extended. Local housing allowance claimants who are single, under the age of 35 and not responsible for any children may see a reduction in the housing benefit they receive. The pages on local housing allowance have been updated with these changes.