10:41 AM, 23rd January 2023, About 2 years ago 12
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Landlords and agents in Scotland are to seek a Judicial Review of the Scottish Government’s rent control and eviction ban legislation.
A coalition of the Scottish Association of Landlords (SAL); Scottish Land and Estates (SLE) and Propertymark is to submit a Petition to the Court of Session in Edinburgh.
They believe the law is ‘disproportionate and unfair’.
The move follows an announcement by the government last week to impose a 3% rent cap from April – and up to 6% under ‘special circumstances’.
John Blackwood, chief executive of SAL, said: “So far, the result of the Scottish Government eviction ban and rent freeze has been just as concerning as we predicted.
“Landlords selling up loss making property is further reducing housing supply, despite ever increasing demand.
“The result is the cost of finding a new home is actually increasing for renters.”
He added: “While the Scottish Government sees fit to raise council and housing association tenants’ rents, so social landlords can do repairs and improvements, they fail to realise that private landlords are faced with similar financial pressures.
“The Ministerial statement makes it perfectly clear the government plans to continue with eviction ban and rent increase restrictions in the private rented sector beyond 31 March. Landlords have had enough.
“We must stand united to protect our property rights by challenging this unfair legislation in court.”
The Scottish Government will be asked if they wish to provide a response before the petition is considered by the Court and the petition highlights:
The petition further argues that by discriminating in the way it does, the law breaches the European Convention of Human Rights which states ‘The enjoyment of the rights and freedoms set forth in the Convention shall be secured without discrimination on any ground such as … association with … property.’
Sarah-Jane Laing, the chief executive of Scottish Land and Estates, said: “Around 340,000 households, a seventh of all homes in Scotland, are provided by the private rented sector and it is vital that government enables a well-functioning system that balances the rights of both tenants and landlords.
“Regrettably, in recent times the Scottish Government has sought to unfairly penalise private landlords, such as SLE members who provide a vital supply of homes in our rural areas, many at below market rents.
“Farms, estates and other rural businesses have taken steps to support tenants, employees and other local businesses throughout Covid and the cost-of-living crisis.
“All we have asked for is a fair approach to allow landlords to reasonably increase rents thus enabling investment in properties and to be able take timely action when faced with significant rent arrears and other issues.”
Nathan Emerson, the chief executive of Propertymark, said: “The legislation is being made without any clear evidence as to its need.
“However, the immediate effects are clear to those on the coal face of the problem, as a direct result of the Scottish Government’s initial decision to cap rents at zero, 68% of Scottish letting agents report an increase in notices to sell from landlords.
“Private landlords provide homes on a huge scale for people, and they must be able to cover the costs of outgoings on the property.
“Repairs and maintenance costs are not solely applicable for social landlords and it’s essential for landlords to be able to keep properties to a high standard in the interests of their tenants.”
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moneymanager
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Sign Up18:58 PM, 26th January 2023, About 2 years ago
Reply to the comment left by Bristol Landlord at 23/01/2023 - 18:12
As soon as I first saw the name of Ben Beadle I ws remined of the role of that authority in Oliver Twist, to keep the unruly boys in the workhouse in order and to beat them if they misbehaved, is Ben actually real?
Jessie Jones
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Sign Up11:13 AM, 31st January 2023, About 2 years ago
Reply to the comment left by IanF at 23/01/2023 - 12:37
Ian,
It is perfectly lawful to discriminate against any group so long as the group does not fall within one of nine 'protected characteristics' such as race, religion, sex, disability etc, so there is nothing to stop any government from treating private landlords differently from housing associations, or residential landlords from commercial landlords.
It would appear to me that the greatest chance of a successful challenge comes from the European Convention on Human Rights, Article One, Protocol One, which states that "Every natural or legal person is entitled to the peaceful enjoyment of his possessions". By exercising such a high level of control on what landlords can do, the Scottish Government have effectively seized control of their 'possessions', i.e their properties. If a landlords property is no longer theirs to rent to who they want to, to sell when they want to at market value, then the SNP have effectively seized it.
Not legally trained tho !