Number of Scots seeking agency aid over illegal evictions soars by 60%

According to the Scottish Courts and Tribunals Service there have been at least 675 applications for evictions from private landlords dealt with in the First-Tier Tribunal for Scotland since an eviction ban was introduced in September.

It is understood that at least 125 social housing tenants have been evicted from their homes since the laws were put in place.

CAS say that there needs to be stricter punishments for rogue landlords including temporary bans saying that harassment and illegal evictions are a "blight on the rented sector in Scotland".

In March, the Scottish Government confirmed the moratorium on evictions plus a rent cap would remain in place until September.

READ MORE: SNP finances whistleblower calls for inquiry into police response

Then First Minister Nicola Sturgeon announced plans for an eviction ban and an immediate rent freeze for social housing and private tenants while branding the cost of living crisis a "humanitarian emergency".

🔴 Save on a full year of digital access with our lowest EVER offer.

Subscribe for the whole year to The Herald for only £24 for unlimited website access or £30 for our digital pack.

This is only available for a limited time so don't miss out.

👉 Click here to subscribe

Launching the support for tenants last year under the Programme for Government Nicola Sturgeon said it "will aim to give people security about the roof over their heads...".

Aoife Deery, CAS senior social justice policy officer said that illegal evictions put people "at risk of or exposes them to homelessness" and said urgent action was needed to stop rogue landlords.

"With homelessness figures at their highest since records began in 2002 and over 14,400 families in temporary accommodation, this is extremely concerning," she said.

One Scots housing campaigner said that the analysis was more evidence that the eviction ban was not working.

"The Scottish Government really does have to have a rethink, because the idea that eviction ban is protecting people is far from the truth," he said.

CAS said that their evidence indicated that not enough people knew about their rights when it comes to the difference between a legal and illegal eviction.

"Challenging this practice is also often difficult, especially when faced with threats to safety," said Ms Deery.

"This indicates that the system needs to be more robust to not only empower tenants but also local authorities and other bodies to take swift action against illegal eviction. There is no doubt that local authorities are seeing this practice, but our evidence is not clear as to how they are playing their part in protecting tenants from not only unlawful behaviour but potentially a very damaging experience".

CAS has said that the Scottish Government should develop more effective routes for redress for people hit by illegal eviction, including a new approach to civil damages.

They call for the introduction of mandatory training for landlords before being registered.

They say harsher penalties for landlords who illegally evict should include temporary removal from the landlord register and fines if people let out properties without undertaking mandatory training and paying damages.

They say local authorities should review their homelessness procedures where people are at risk of or have been illegally evicted and develop a "consistent approach" so that people can access the assistance they require.

READ MORE: 'Catastrophic': Island 'inaccessible' claim after  70 per cent ferry fare rise

There have been serious concerns over loopholes in the eviction ban brought in through the Cost of Living (Tenant Protection) (Scotland) Bill 2022 which do not prevent tenants from being turfed out.

Landlords can apply for and be granted a valid eviction notice and issue it during the ban and will be able to force tenants out when the moratorium ends in September. The moratorium also does not apply to those with arrears of six months or more or social tenants with debts of more than £2,250. The average household arrears in Scotland is believed to be running at over £4000.

CAS said the eviction procedures introduced as part of the emergency coronavirus legislation and subsequent cost of living legislation allowed for "multiple grounds on which to legally evict" and had become "more complex".

It said that the changes may play a part in explaining why demand for advice around illegal eviction did not appear to decline despite protections against evictions being introduced.

Ms Deery warned in an analysis: "Good landlords are critical to developing a more robust, fair private rented sector, which is vital in providing safe homes for people to live in. However, bad landlords who engage in harassment or illegal eviction put other landlords in a bad light and cast doubt on the overall propriety of the sector.

"It is vital to underline the hugely damaging impact of illegal eviction and depriving someone of their home: there are many personal impacts such as on a person’s mental and physical wellbeing, as well as financial implications. There are also wider impacts, such as the pressure on local authorities to help these households find alternative accommodation. Everyone should have the right to a safe, secure and affordable home and the continued prevalence of illegal eviction suggests that the system is not robust enough to guarantee this basic right."

CAS say that it is "very concerning" that some of their clients have been rejected for temporary accommodation when they have had nowhere else to go, and sometimes on the basis that their landlord provided them with either incorrect or no tenancy paperwork, something which they have little control over.

"In this light, it appears that tenants are being punished further for the bad practice of their landlords," added Ms Deery. "Some local authorities understandably try to keep households in their homes for as long as possible but this risks becoming a very uncomfortable and sometimes unsafe situation between the tenant and landlord."

Crisis estimates that someone sleeping rough costs the public purse around £20,000 a year, while taking preventative action costs just £1,426.

John Blackwood, chief executive of the Scottish Association of Landlords (SAL), said: “Landlords have been calling for stricter, more effective enforcement of existing rules governing the private sector for over a decade. That is what the overwhelming majority of landlords who act responsibly want to see because it would restrict the involvement of those rogue actors who act irresponsibly and unethically.

“It would also be more likely to deliver tangible improvements than short-term policy measures seen recently which have done nothing more than harm confidence, reduce investment and increase costs for both landlords and tenants.

“The law already exists in many places for action to be taken but nothing is done which leads to understandable frustration among tenants who are badly treated and an equal amount of anger among landlords who feel victimised by government. To create a functioning housing sector in Scotland, government needs to encourage investment, in social housing, owner-occupied and by landlords in the private rented sector.”

A Scottish Government spokesman said: “We’re working to deliver a private rented sector that protects and improves tenants’ rights while encouraging responsible landlords. For the duration of our emergency legislation introduced last autumn, we have strengthened eviction protections and made it easier for tenants to challenge an illegal eviction. That is on top of ending no fault evictions in 2017, far ahead of the rest of the UK.

“We’re now working to strengthen tenants’ rights further and intend to bring forward a housing bill as soon as possible after the summer recess, informed by a wide range of views, including those of tenants, landlords and advice agencies."