Landlords who say they want their properties back in order to regain possession could face jail.
In Scotland, the “no fault” ground for possession is set to be phased out.
Instead, landlords will have to claim other grounds, including that they want their properties back in order to sell or refurbish them, or that they or a member of their family want to live there.
Agents and landlords are strongly objecting to the proposed changes, which seek to introduce longer tenancies.
However, Robert Aldridge, chief executive of Homeless Action Scotland, has warned MSPs that landlords could in future lie about their real reasons for wanting to reclaim their property.
He also said that the grounds for eviction, as set out in the Private Housing (Tenancies) (Scotland) Bill, do not provide “reasonable protection” for tenants.
In a written submission, Aldridge said: “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 the criminal law, with the possibility of both a jail sentence and substantial fines.”
Comments (5)
“Agents and landlords are strongly objecting to the proposed changes, which seek to introduce longer tenancies.” See previous story – tenants don’t want longer tenancies. Only Shelter do.
Perhaps Mr Aldridge should also lodge a similar written submission:-
” In our view deliberately using false information to achieve Housing Benefit should be regarded as illegal and subject to the criminal law, with the possibility of both a jail sentence and substantial fines.”
I just think it’s wrong that its the person the money is paid to that has to pay it back. If a tenant moves a partner in to a rented property and no evidence is seen on inspections and the tenant doesn’t tell the agent/LL, then how is it fair that the LL has to repay it? They haven’t made false claims, its the tenant who has, yet they get away scot-free!
So what happens if they are planning to let a family member live there, but the person changes their mind and the LL has to re-let to someone else? Or when it’s a nightmare tenant with loads of little reasons (rent late, difficult to arrange access for GSC etc) and the LL just wants rid of them? Can they put “I want an easier tenant” on the form?
Shame this person can’t see it from both side with the number of tenants who similarly use lies and deceptive behaviour to avoid eviction. He needs to live in the real world!