Scottish Government

(22) The Accounts Commission, Audit Scotland and Communities Scotland, in consultation with local authorities, should review the appropriateness of the "Current tenants' arrears as a percentage of net rent due" Key Performance Indicator to determine whether an alternative approach could assist in reducing homelessness by reducing the number of households evicted for rent arrears.

RAG status: Green

Delivery contact: Communities Scotland, Accounts Commission, Audit Scotland

Progress to date:

• Audit Scotland and Communities Scotland, in consultation with local authorities, have reviewed the arrears indicator following publication of Communities Scotland's thematic study on evictions. The Accounts Commission's Direction for year 2006/07, published in November 2005, sets out the revised indicator (available online at: http://www.audit-scotland.gov.uk/publications/pdf/2005/2005PIDirection.pdf).

Action required & by whom:

• HMG to review recommendation in light of Accounts Commission Direction in November 2005 - to monitor the impact of the revised indicator; and also in order to explore the necessity for further action in relation to management of rent arrears.

Key milestones:

• Communities Scotland Evictions in Practice study published March 2005.
• Publication of Accounts Commission Direction November 2005.

(23) The Scottish Executive should discuss the issue of illegal eviction and harassment with the police, the Crown Office and local authorities.

RAG status: Amber

Delivery contact: Private Sector Housing Team, Scottish Executive

Progress to date:

• The Executive has taken steps to focus on the standard of private landlords and the awareness of landlords and tenants. The registration of private landlords was enacted by the Anti-Social Behaviour etc (Scotland) Act 2004. Registration requires the local authority to be satisfied that the landlord is fit and proper to be letting houses, and evidence that the landlord had been illegally evicting or harassing tenants would be significant. A landlord who lets while unregistered (and does not have an application in process) will be committing a criminal offence. The local authority will also be able to apply a cumulative financial penalty by serving a notice that rent liability is suspended, and it is expected that this will be a powerful incentive for landlords to comply with the law and good practice.
• The Executive is running an awareness publicity campaign called Better Renting Scotland which is backed up by a website ( www.betterrentingscotland.com). The site provides access to a full range of information about landlords' and tenants' rights and responsibilities, with a digest of the main points and links to other relevant sites. This will be a long term resource and is intended to complement local efforts by local authorities in connection with HMO licensing, registration and their increasing degree of engagement with private sector housing.
• Shelter Scotland submitted examples of illegal eviction cases to Scottish Executive in June 2005.
• Meeting with ACPOS, CoSLA, Crown Office and Shelter Scotland sought for April 2006. Proposing to explore options for handling of illegal eviction and harassment cases between the police and local authorities in light of the introduction of landlord registration.

Action required & by whom:

• Scottish Executive to take forward discussions as outlined above.

Key milestones:

• Registration of private landlords - April 2006.