You are here: Home - Mortgages - Buy To Let - News -

Scotland’s rent freeze and eviction ban could face legal challenge

Written by: Anna Sagar
The Scottish government’s legislation to freeze rent and ban evictions could face a potential legal challenge.

A coalition of trade groups, including Propertymark, the Scottish Association of Landlords (SAL), National Residential Landlords Association (NRLA) and Scottish Land and Estates (SLE) are looking for legal opinion on the validity of the Cost of Living Bill, which was approved earlier this month.

As part of the legislation, a temporary rent cap (set at 0% until 31 March 2023) applies to rents for private and social tenants as well as for student accommodation.

Meanwhile the Scottish government also banned evictions, except in specific circumstances, and the damages required for unlawful eviction has been upped to 36 months’ of rent.

The organisations have instructed Lord Neil Davidson of Glen Clova, KC Advocate at Axiom Advocates, to explore whether the legislation breaches individual rights of landlords in Scotland, including a breach of European Convention on Human Rights.

The firms said that if Lord Davidson’s opinion makes it clear a breach of landlord rights had occurred, then legal options would be available to the coalition and a decision would be due next month.

‘Serious concerns over lack of evidence’

Propertymark added it had “serious concerns over the lack of evidence and rushed consultation” that formed the basis of decisions that will significantly impact use and ownership of property.

“Landlords and agents alike have proven their ability over the pandemic to work with tenants. Many landlords have kept their rents lower in a bid to help but it must be acknowledged that their costs are rising too. This legislation is huge for the sector and the impact on those providing much-needed homes must not be underestimated,” Propertymark said.

Propertymark’s head of policy and campaigns, Timothy Douglas, is due to meet officials later this week to discuss Royal Assent and implementation.

The First Minister of Scotland, Nicola Sturgeon announced in September that the government would introduce a rent freeze and eviction ban to support families during the cost-of-living crisis.

It has yet to receive Royal Assent.

There are 0 Comment(s)

If you wish to comment without signing in, click your cursor in the top box and tick the 'Sign in as a guest' box at the bottom.

Your right to a refund if travel is affected by train strikes

There have been a wave of train strikes in the past six months, and for anyone travelling today Friday 3 Febru...

Could you save money with a social broadband tariff?

Two-thirds of low-income households are unaware they could be saving on broadband, according to Uswitch.

How to help others and donate to food banks this winter

This winter is expected to be the most challenging yet for the food bank network as soaring costs push more pe...

What will happen if rates change

How your finances will be impacted by a rise in interest rates.

Regular Savings Calculator

Small regular contributions can build up nicely over time.

Online Savings Calculator

Work out how your online savings can build over time.

DIY investors: 10 common mistakes to avoid

For those without the help and experience of an adviser, here are 10 common DIY investor mistakes to avoid.

Mortgage down-valuations: Tips to avoid pulling out of a house sale

Down-valuations are on the rise. So, what does it mean for home buyers, and what can you do?

Five tips for surviving a bear market mauling

The S&P 500 has slipped into bear market territory and for UK investors, the FTSE 250 is also on the edge. Her...

Money Tips of the Week