Landlords and tenants are losing out
Eviction notices for anti-social behaviour should revert back from three months to one month, a leading housing body has demanded.
The Scottish Federation of Housing Associations (SFHA) said if the government does not make this change, then other household members, tenants, and communities will suffer.
SFHA made the call after first minister Nicola Sturgeon confirmed last week that the government will extend the Coronavirus (Scotland) Act 2020 legislation, subject to parliamentary approval. SFHA said while it supports protecting tenants who are struggling to pay their rent as a result of Covid-19, it is vital housing associations can act quickly when the actions of some tenants are negatively affecting others.
Sally Thomas, SFHA chief executive, said: “It is absolutely the right thing to do that we protect tenants who are struggling to pay their rent as a result of the financial effects of Covid-19, but the Scottish Government must revert the notice period for evictions related to anti-social behaviour back to one month. We are hearing increasing evidence from our members of serious cases of anti-social behaviour that is making other tenants’ lives a misery, and our members must have the power to act quickly when this is the case.
“We will continue to do everything we can to work with the Scottish Government to minimise the impact of the pandemic on tenants – but also on our members. Non-payment of rent can have serious consequences for housing associations and co-operatives. Rent is a vital source of income as it allows them to provide support and services for tenants and to carry out essential repairs and maintenance work. These frontline services are needed to ensure the health, safety, and wellbeing of tenants.
“Our members already work hard to support their tenants to pay their rent through tenancy sustainment and welfare rights services, but the government must take the lead, through a national campaign, and highlight the importance of paying rent and the sources of support that are available to help people to do this. Our members are concerned about a minority of tenants – some of whom were in arrears before the pandemic – viewing this period as a ‘rent holiday’ and accruing further, non-Covid related arrears.
"The government must make clear that this is not a rent holiday, and non-payment could have consequences for future investment in homes and services.”
An example of the problems faced by landlords
A tenant is displaying serious anti-social behaviour. The landlord served a Notice of Proceedings on 28 April which doesn’t become valid until 31 August due to the Coronavirus (Scotland) Act 2020 legislative changes.
Normally, the notice would have been valid on 31 May, and the landlord would have raised court proceedings immediately in such a case.
The other two tenants in the block have moved out as a result of the anti-social behaviour, and the landlord has taken the difficult decision to leave the property empty due to the volatility of the tenant.
The unintended consequence of the act is that all of the neighbours continue to suffer, and two homeless households remain homeless as the empty properties cannot be let.
There is significant pressure from neighbours and local politicians on the landlord to act.
However, the landlord is unable to rectify the situation while the provision is in place.
