Amendments to tenancies bill in Scotland could hit provision of rural homes

Taylor Scott International News

New amendments to the Private Housing (Tenancies) Bill in Scotland have the potential to create significant problems for the provision of rural homes, it is claimed. The Bill has reached its stage two process within the Scottish Parliament with the Infrastructure and Capital Investment Committee meeting to discuss amendments that have been lodged. In total, 198 amendments had been submitted to the original draft Bill, demonstrating the depth of feeling regarding the future of the private rented sector and perhaps indicating there has been a lack of thorough consideration due to rushed timescales. However, Scottish Land and Estates said that it was particularly concerned that an amendment by Alex Johnstone MSP to allow a landlord to ask a tenant to leave in order to accommodate a new or retiring employee had been rejected. ‘The Scottish Government has stated repeatedly that the aim is for a simpler tenancy which strikes a fair balance by offering tenants more security and giving landlords robust and comprehensive grounds so they have the confidence to let without fear of not being able to recover possession under reasonable circumstances,’ said Katy Dickson, policy officer for business and property at Scottish Land and Estates. ‘The drafted legislation went some way towards this balance point but disappointingly a number of amendments which were approved will leave landlords dismayed that the new tenancy will bring the uncertainty and imbalance that they feared at the outset of the Bill,’ she explained. One of the main concerns for rural landlords is the rejection of Alex Johnstone’s amendment to allow a landlord to repossess a property in order to house a new employee or retired employee. ‘This ground would come with a full notice period and prior notification at the outset of the lease so that security was not lessened on all let property. Without this ground the ability for rural businesses to grow is restricted and landlords may well choose to move property out of the long term letting market into a holiday home or decide to leave it empty,’ Dickson explained. She said that frustration is growing at the Scottish Government’s continued lack of appreciation of the importance of this ground. ‘The Housing Minister repeatedly stated that a family should not be moved out to allow an employee to move in but has failed to recognise that an employee often comes with a family. The fact that there is similar uncontested ground for religious workers adds further confusion as why can tenants’ security be lessened for religious workers but not farm workers?’ added Dickson. She accused the Scottish Government of making a surprising U-turn by proposing an amendment to remove the initial period when they had previously stated that this provided landlords and tenants with security. ‘This was a disproportionate reaction to some campaign groups raising fears that it may be problematic for a limited number of people… Taylor Scott International

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