The Cost of Living Act was introduced on 6 September 2022, and quoted as being justified as a response to the emergency situation caused by the impact of the cost crisis on people who rent in Scotland. The measures were intended to remain in place for a minimum of six months, with the ability to extend for 12 months. It has already been extended until 30 September 2023 and will likely extend further to 31 March 2024.
Legal counsel was then sought concerning the legitimacy of these policies on the basis that they seek to transfer the burden of increasing costs from households to landlords; leaving housing providers potentially unable to cover their costs or exit a loss-making tenancy.
This legal opinion suggested that there was an arguable case to challenge the Act because its provisions are disproportionate and unfair, failing to recognise that the pressures faced by those in the private rented sector affect not only tenants but also landlords who face steeply rising costs.
Based on this opinion, a petition seeking judicial review was submitted to the Court of Session in Edinburgh.
Propertymark court action over rent cap and eviction ban
Working alongside the Scottish Association of Landlords and Scottish Land and Estates, Propertymark has submitted a Petition to the Court of Session in Edinburgh seeking a Judicial Review of the Scottish Government's rent cap and eviction ban legislation.
Recent decisions made by the Scottish Government to cap rents and ban evictions have not taken into account the increased costs on landlords and the impact this is having on the viability of continued investment in the private rented sector in Scotland.
Propertymark exists to support and represent our members so can’t simply stand by without challenging what the Scottish Government is doing. Now more than ever the property sector needs to come together and support the campaign against these measures to ensure action is taken. Together we can make sure the voices from within the sector are heard, and this campaign is a key opportunity to put forward our case. Any support you can lend will make a difference.
