Ministerial Foreword
The Scottish Government has already put in place extra protection for homeowners faced with repossession through the Home Owner and Debtor Protection (Scotland) Bill recently passed by the Scottish Parliament. It is only right that we consider whether tenants in the social rented sector who face eviction for arrears of rent also need extra protection. That is why we want to hear your views.
Being a tenant brings with it both rights and responsibilities. The right to security of tenure, rights to succession and the right to be consulted, amongst others. In return, tenants have responsibilities: to look after their home, behave appropriately and pay their rent. When rent isn't paid there are implications for the landlord and the wider community, with fewer resources available to provide services to tenants and maintain properties.
It is important then, to be clear that payment of rent is a responsibility of every tenant, but it is equally important to be clear that evicting tenants with rent arrears must always be a last resort. Tenants can find themselves in a variety of circumstances which may make it difficult to pay their rent. I know that many landlords do all they can to provide advice and support to tenants facing financial difficulties, including individual support to those who need it, yet in 2008-09 almost 20,000 tenants were taken to court as a first step to eviction for rent arrears.
Evictions are traumatic for tenants and their families and are often very costly for landlords and the public purse. Not only are court proceedings very costly, there are also costs involved in re-housing and providing additional support to tenants as well as loss of rental income when the property is vacant. This consultation asks you whether more needs to be done to protect tenants, reduce the social and financial costs and what form that protection should take. I encourage you to let us know what you think.
Alex Neil MSP
Minister for Housing and Communities