Social tenants must be given the same level of legal protection against eviction as homeowners will get under recent legislation, according to Shelter Scotland. [1]

The housing charity's call today (Tuesday) comes as the Scottish Government publishes its consultation on reducing the number of evictions for rent arrears from councils and registered social landlords. [2]

Shelter Scotland argued for additional protection for social tenants in December, after its annual report on evictions showed that 3,297 tenants were evicted from their homes. The majority of evictions were for rent arrears, which the charity argues is a crude and ineffective way to deal with debt problems. [3]

Now the Scottish Government is consulting on how to reduce evictions with a range of options. This includes a statutory set of steps that all landlords would have to follow: a so-called Pre-Action Requirement.

Shelter Scotland says nothing less than the Pre-Action Requirement would ensure a level playing field between social tenants and homeowners. [4]

Graeme Brown, Director, Shelter Scotland, housing and homelessness charity, said: 'Some social landlords are already trying to reduce evictions. With one eye on the 2012 homelessness target to give everyone the right to a home, they recognise that evicting families, only to have to house them again under homelessness legislation doesn't make sense.

'But with nearly 3,300 tenants evicted in a year, we still need to make sure everything possible is being done to keep people in their homes. To this end, we're heartened by the Government's consultation paper, particularly in light of the increase in unemployment in Scotland and tightening family budgets.

'However, only one option that really delivers on that aim. The Pre-Action Requirement will firstly afford struggling tenants the same protection as homeowners and mean a fair and equal protection between the two groups. Secondly, a Pre-Action Requirement would ensure that everything possible really has been done.'

He added: 'This modernisation of evictions policy will mean social landlords must meet a series of steps before they can take a tenant to court. If social landlords really do have a 'last resort' policy, then they will welcome this formalisation of good practice.'

Notes to editors

1. Shelter Scotland's briefing paper: Preventing homelessness by making eviction a last resort.
2. Read the Scottish Government's consultation: Eviction of tenants in the social rented sector: protection of tenants with rent arrears.
3. Shelter Scotland press release on evictions report in December last year.
4. The recent Homeowner and Debtor Protection (Scotland) Act 2010, which will go live in summer 2010, will require lenders, by law, to pursue every possible alternative before taking legal action for repossession.
5. Social landlords include local authorities and Registered Social Landlords (RSLs).