Last year I blogged about the possibility of another Scottish Housing Bill during 2012 and more legal changes. That did not come to pass but plans are afoot for a Bill in 2013. Discussions are proceeding about the contents of the Bill.
I would imagine that one proposal which would meet almost universal support would be a ground for compulsory eviction where tenants are guilty of serious antisocial behaviour.
The UK Home Office published a draft Antisocial Behaviour Bill which will apply only to England and Wales
In that bill, there are proposals to introduce compulsory eviction where a tenant has been found guilty in a criminal court of a "serious offence" if that offence is committed:
- In the house
- Against someone who resides in the house
- Was committed against a member of the landlord's staff
Similar powers will exist if a tenant breaches a criminal behaviour order (which is the proposed replacement in England and Wales for the Anti Social Behaviour Order (ASBO)).
Among the offences which it is proposed will be "serious" offences, are the production of any controlled drugs within the premises or the use of the premises for the supply of controlled drugs.
It will be interesting to see if similar compulsory eviction proposals are proposed when we see the new Scottish Bill. The Scottish government has previously stated that it has no plans to replace the ASBO in Scotland.
It will also be even more interesting to see if these proposed compulsory grounds for eviction are challenged under human rights legislation! I can foresee immediate challenges using article 8 (right of respect for a person's home) and possibly even article 3 (prohibition on inhuman or degrading treatment).
There are many other proposals to change housing law being floated in various areas. The Labour Party in England have suggested that after an eviction order for antisocial behaviour has been enforced, the evicted tenant should be prohibited from being rehoused within 5 miles of the previous tenancy.
It is possible that many of the ideas for legal changes will never see the light of day. They may breach the principles of fairness embodied in the Human Rights legislation but if you want change, then now is the time to start lobbying. Get in touch with your local MSPs' . Get your committees and tenant organisations involved who knows what can be achieved!
If you'd like to discuss a landlord legal issue get in touch.
