Using the private sector to meet housing need

23 February 2010

Housing leaders across Scotland are discussing the potential of the private rented sector to house people who are in desperate need of a home.

New regulations under Section 32a of the Housing (Scotland) Act 1987 give local authorities the option to place a homeless household with a private landlord and to discharge their legislative duty to house that household with a short assured tenancy.

The regulations set out a number of conditions to ensure that a private let is the most suitable choice: these include ensuring the accommodation meets the needs of the homeless household and is affordable. The local authority should also provide any support necessary to help the household moving into the private sector keep their tenancy. The regulations envisage that an initial six month tenancy would be offered, during which the local authority retains their duty to re-house the household. If at the end of this period, the landlord and the tenant are happy to renew the tenancy for a minimum of 12 months, then the local authority can be said to have met their statutory duty to the homeless household.

Speaking ahead of a Shelter Scotland conference discussing the new regulations, Graeme Brown, Director of Shelter Scotland, said: 'Meeting the 2012 deadline to give everyone the right to a home is an internationally recognised commitment that Scotland must meet. The private rented sector has a role to play in areas where social housing is especially scarce and can provide a housing solution for some homeless people.

'A properly regulated private rented sector which ensures a safe and secure home for tenants, as well as giving landlords the chance to work within a professional, high quality area of housing is the ideal situation for everyone.'

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