Legal counsel on rights of landlords

Propertymark has been working with stakeholders including Scottish Association of Landlords (SAL), National Residential Landlords Association (NRLA) and Scottish Land and Estates (SLE) to obtain legal opinion on the Scottish Government’s rent freeze and eviction ban legislation.


The coalition is seeking a legal opinion on the validity of the Cost of Living (Tenants) (Scotland) Bill 2022 which was approved by Holyrood on 6 October by 89 to 27 votes but has not yet received Royal Assent. It is intended to be in place until at least March 2023.

European Convention on Human Rights

The coalition has instructed the Lord (Neil) Davidson of Glen Clova KC, Advocate at Axiom Advocates, to opine if the legislation breaches the individual rights of landlords in Scotland, including a breach of the European Convention on Human Rights.  

If Lord Davidson’s opinion makes clear a breach of landlords’ rights has occurred, then all legal options available to the coalition will be considered. His decision is due within the next month.

Evidence based decisions

Propertymark has serious concerns over the lack of evidence and rushed consultation that are the basis of decisions that will significantly impact the use and ownership of property

Landlords and agents alike have proven their ability over the pandemic to work with tenants, many landlords have kept their rents lower in a bid to help but it must be acknowledged that their costs are rising too. This legislation is huge for the sector and the impact on those providing much needed homes must not be underestimated.

Meanwhile, Propertymark's Head of Policy and Campaigns Timothy Douglas, is meeting officials later this week to discuss Royal Assent and implementation. Propertymark will keep members updated as our work on this makes progress along with any other guidance and resources that may be helpful to our members and their clients.