Propertymark has questioned whether the intention of proposed reforms to the possessions process in Scotland is to strengthen homelessness protections for tenants struggling to pay their rent or to simply delay it by ‘tripping up’ landlords.
A Scottish Government and COSLA consultation is proposing to make permanent the temporary pre-action protocols landlords must follow before starting possession proceedings.
They were introduced during the pandemic as further protection for tenants who fell into rent arrears as a result.
In its response, Propertymark questions the motive and timing in the absence of a full analysis of the effectiveness of the protocols and a commitment to reintroduce financial support for tenants.
Daryl McIntosh, Propertymark’s policy manager for the UK devolved nations, said: “Most agents and landlords are following these protocols anyway and enshrining them in law has the potential to become a stick to beat them with if a possession case goes before the First Tier Tribunal.
“At that stage there is a real danger that judgements may be made based on whether landlords have adequately followed the protocols rather than whether they have attempted meaningful engagement with their tenants to agree a way forward.
“No analysis of the success or otherwise of the pre-action protocols has been published.
“Until we see this evidence and without further financial assistance for tenants, we are concerned making these temporary requirements permanent will simply trip up landlords and delay the process as opposed to benefitting and supporting tenants.”
Propertymark also argues against agents and landlords having to make homelessness prevention referrals to local authorities earlier than they are required to do so presently and allowing local authorities power to delay possession if it will mean a better outcome for the tenant.
