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Housing Scotland Act 2014 Implementation


The Scottish Government has been consulting on guidance relating to the Housing Scotland Act 2014. New guidance is being drafted on various elements including allocations, aspects relating to the short Scottish secure tenancy, ‘freezing’ applications, succession and streamlined eviction in the social rented sector.

The Scottish Government has indicated that due to the volume of parliamentary business it won’t be possible to lay a ‘commencement order’ for the new provisions until the new session of Parliament later in 2016. They have also clarified that different parts of the Act will come into force at different times to allow landlords time to work through the technical requirements. The first may come into force at the end of 2016 with others having a longer lead in period.
Homeless Action Scotland has made comments on a number of the draft guidance documents.  Click here to see our comments.

 



A Change to PRS Tribunals

The Scottish Government have just finished a consultation on the creation of a new Housing Tribunal service to manage issues within the Private Rented Sector (PRS). The new tribunals will deal with a number of disputes within housing, such as repairing standards or rental increases etc.

 

Homeless Action has some serious concerns regarding the possibility of a family being evicted from their home by the Housing Tribunal, without the tenant having recourse to legal advice or representation.
 
The new Tribunal system will seek to ensure that disputes in housing within the PRS are dealt with in a more conciliatory way than is currently the case. Homeless Action Scotland feel that it is difficult to have a conciliatory adjudicating process when there is the potential to lose one’s home.
 
Although not all landlords will be educated, wealthy and be able to get legal advice on any potential action, they are far more likely to be able to do so than a tenant. As such we believe strongly that in cases as serious as evictions or in complicated matters to do with housing law, it is imperative that the Scottish Government provides legal assistance for those who cannot afford it.
 
Click here to see our response