A Second Consultation on a New Tenancy for the Private Rented Sector – Shelter Scotland response

Our submitted response to the Scottish Government's second consultation on a new tenancy for the private rented sector.

Shelter Scotland welcomes the Scottish Government's direction of travel in relation to reforming the private rented sector tenancy. We are particularly pleased to see the Scottish Government reaffirm its commitment to improving security of tenure in the private rented sector by removing the "no fault" route for possession. This will go some way towards laying down strong legal guarantees that the 312,000 households renting privately – including some 80,000 households with children – will be able to stay in their homes for as long as they need, so long as they maintain their tenancy responsibilities.

Another important facet of the Scottish Government's more detailed proposal is to put the private tenancy on a statutory footing. We hope this will be bring additional clarity and certainty to the tenancy framework for both private landlords and tenants.

Shelter Scotland does however have some concern around the grounds for possession outlined by the Scottish Government. In particular the ground relating to rent arrears which allows for mandatory possession where a tenant is in arrears of one month's rent. This should be set at three months and discretion should be allowed – particularly where arrears relate to changes in circumstances outside private tenants' control, such as moving on to or out of benefits.

The focus on rents in the private rented sector is also to be welcomed and the Scottish Government should pay close attention to the impact the shift in reliance on the relatively expensive private rented sector will have on poverty rates in Scotland. Shelter Scotland would like to see a coordinated approach in relation to the affordability of housing across all tenures, taking into account housing supply and the potential for taxation on land and property to provide for a more stable housing market.

We look forward to further engagement with the Scottish Government and partners from across the private rented sector on this issue in anticipation of a Bill being introduced to the Scottish Parliament in the autumn of 2015.