Scottish landlords that lie when demanding their properties back could face jail under new laws.
In Scotland, the no fault ground for possession is set to be phased out, as detailed in the Private Housing (Tenancies) (Scotland) Bill.
Instead, landlords must claim other grounds if they wish to regain possession of the property, such as wanting the home back to sell or refurbish, or wishing to move into it themselves.
The Chief Executive of Homeless Action Scotland, Robert Aldridge, warns MSPs that landlords could lie about their real reasons for wanting to regain possession of their properties in the future.
He adds that the grounds for eviction, as set out in the bill, do not offer “reasonable protection” for tenants.
In a written submission, Aldridge states: “The penalties for wrongful termination are far too weak. A penalty of only three months’ rent is not a real deterrent for those who deliberately seek to misuse the system.
“In our view, deliberately using false information to achieve an eviction should be regarded as an illegal eviction and subject to criminal law, with the possibility of both a jail sentence and substantial fines.”
He insists that there must be a “clear strong deterrent for those rogue landlords who seek to misuse the grounds”1.
The new laws mean that landlords will no longer be able to regain possession of their property simply because the fixed term of the tenancy has ended.
Landlords fear that the removal of their right to end a tenancy will “harm confidence” among investors. They also warn that it could make it more difficult for some renters to find suitable homes.
The Scottish Association of Landlords writes: “If this proposal is introduced, we believe the outcome will not be the desired improvements in security of tenure or affordability for tenants.
“We believe that the main consequences of these proposals will be to drive knowledgeable and skilled landlords out of the Scottish private rented sector, encourage landlords to be more selective in the tenants they choose, discourage future investment and ultimately lead to a shortage of properties in the sector.”1
1 http://www.scotsman.com/news/politics/lying-landlords-should-be-jailed-1-3940827#axzz3r4xuZ000