On 30 September, the Housing (Scotland) Bill was passed. This means that it will soon become law and make important changes to housing law in Scotland. Below, we outline the key implications for the social housing sector and explore the practical impact on RSLs.
Duty to Consider Delay to Eviction Decree
It has always been possible to delay eviction on request by the parties. However, Sheriffs will be under a new duty to consider whether it is reasonable to delay eviction for certain Scottish secure tenancies and short Scottish secure tenancies. This duty will not apply to the following evictions:
- Ground 2 – streamlined eviction,
- Ground 5 – non-occupation,
- Ground 7 – antisocial behaviour,
- Ground 8 – relocation based on antisocial behaviour
- Ground 15 – the landlord wishes to transfer the tenancy.
Delivery of Notices
New provisions will widen the method by which notices can be given by permitting email service provided parties have agreed in advance in writing. This is a long awaited and welcome introduction for the sector.
RSLs should consider updating their internal processes to use email communication where possible.
Qualifying Repairs
Scottish Ministers will be empowered to impose Regulations which will give timeframes for social landlords to investigate disrepair issues, start repairs and compensate tenants where there is a failure to comply.
Pets and Succession
The Bill grants tenants the right to request permission to keep a pet, with landlords only able to refuse such requests on reasonable grounds. Although many RSLs already operate pet policies, the Bill formalises this right and may restrict the scope for blanket prohibitions.
The Bill also makes an amendment to succession to tenancies where the qualifying period to succeed will be reduced from 12 to 6 months.
Domestic Abuse Provisions
The Bill sets out provisions in relation to domestic abuse. The Bill requires social landlords to prepare and publish a domestic abuse policy that aims to support tenants who are subject to domestic abuse.
Further, a new pre-action requirement must be considered in rent arrears eviction cases where a landlord believes that some or all of the rent arrears have accrued due to domestic abuse.
Key Takeaways
The Housing (Scotland) Bill makes some important changes that RSLs will require to consider in exercising their functions. Some of the changes are relatively straightforward to implement, but others will require careful consideration to ensure compliance with the relevant statutory duties.
It is important to note that these changes are not yet law, and further regulations remain to be published. However, work will be required in advance of the Bill coming into effect and RSLs may want to commence that work as soon as possible.
For more information or advice, contact our team.
