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Scotland

Private Housing (Tenancies) (Scotland) Bill: stage 2 briefing

By: Shelter Scotland
Published: February 2016

Private Housing (Tenancies) (Scotland) Bill: stage 2 briefing

In particular we would like to draw the committee's attention to the following:

Reasonableness and the ground for possession: Shelter Scotland strongly recommends that the grounds for eviction should be accompanied by a reasonableness test to ensure they are not simply a tick box exercise for private landlords. We therefore urge the committee to support amendments no. 168 and 170 from David Stewart MSP.

Proof of a landlord's intention: we welcome amendments to the bill from the government which set down types of information that the tribunal can consider in deciding whether to grant an eviction order where a ground relates to a landlord's intention.

Rent arrears: we strongly recommend that the threshold for mandatory eviction for rent arrears is increased to three months, and where arrears are below this amount the tribunal can grant an order where it is reasonable in all the circumstances to do so. We therefore urge the committee to support Amendments no. 183, 185 and 186 from David Stewart MSP.

Power to refer rent to a rent officer: we strongly recommend that tenants should be able to refer their initial rents and rent increases in a rent pressure zone to a rent officer where they believe they are being charged, or will be charged, above the market rate. We therefore urge the committee to support Amendments no. 152 and 153 from David Stewart MSP.

Student accommodation: if government amendments exempting purpose built student accommodation are passed the Scottish Government should commit to a review of the student accommodation sector, alongside commitments to ensure students are not charged up-front fees and that this type of accommodation is subject to the repairing standard.

Removing security of tenure: we strongly oppose any amendments which seek to introduce fixed term tenancies and remove security of tenure, as well as amendments which seek to weaken the grounds for eviction.