Following on from temporary measures introduced during the pandemic, all 18 grounds to regain possession will remain discretionary.
This is a significant development for the private rented sector as possession claims will continue to be subject to the judgement of the First-tier Tribunal, and an order will only be granted where the tribunal considers it reasonable.
Agents must ensure that tenants have information about their rights. Tribunals will take the circumstances of both parties into account when deciding what is reasonable.
Propertymark is in dialogue with the Scottish Government on a number of points including reduced landlord confidence and the impact on supply and investment by landlords and lenders, the importance of mandatory grounds and the lack of funding to support the First-tier Tribunal to manage additional demand caused by a tightening of the possessions process.
We need to remember that there are 360,000 rented properties in Scotland, which is about 14 per cent of the total housing stock. We all recognise that housing is in short supply and that we need to keep as many houses as we can available for long-term occupancy. It should worry us that research published by Propertymark shows a 50 per cent reduction in the number of rental properties between 2019 and 2022. It attributes that decline to the 2016 act. Members should be under no illusion: fewer rental properties results in increased rents and increased pressures on social housing, both of which I would like to be avoided.
Image attribution: "Edward Mountain MSP" from The Scottish Parliament
