The Scottish Housing Minister maintained that proposed changes to private rented tenancies would not impact landlords tackling anti-social behaviour. Highlighting that anti-social behaviour was "unacceptable"; the Housing Minister stated that landlords would continue to be entitled to pursue eviction of tenants based on anti-social behaviour under the new Private Housing (Tenancies) (Scotland) Bill 2015 (the Bill).
Whilst still in the preliminary stages, the Bill is set to introduce a number of changes which will affect the management of tenancies; such as introducing a new tribunal system. One of the most significant changes is the proposed removal of the erroneously named "no-fault" ground presently available under section 33 of the Housing (Scotland) Act 1988. Currently, landlords are entitled to recover possession of short assured tenancies on the basis that the tenancy has come to an end. Under the new Bill, however, landlords will require to satisfy one of the proposed new grounds for recovery of possession.
Some may consider it straightforward to pursue the eviction of an anti-social tenant as the Bill provides for reliance on a specific anti-social ground. However, the reality is not as simple. The provisions for anti-social behaviour under the Bill are no more than that offered by the existing legislation. Indeed the notice period for the new 'Notice to Leave' in cases of anti-social behaviour is double than that currently required. The ground for eviction based on anti-social behaviour will still be discretionary and incidents of anti-social behaviour will require to be proved. Even if the anti-social behaviour is proved, landlords will still have to satisfy the new tribunal that an eviction is reasonable in the circumstances.
Presently, eviction cases raised by Registered Social Landlords are subject to the 'reasonableness test', which requires social landlords to invest substantial time, resources and money in order to secure an eviction order Social landlords normally collect evidence from police and affected local residents outlining when and where anti-social behaviour has occurred as well as the impact of this. Thereafter, social landlords often instruct solicitors to collect precognitions (interviews) from the police and affected residents with a view to arranging for individuals to attend court and give evidence.
Though an anti-social ground for eviction is presently available and should continue under the Bill, as this is still discretionary it will require the landlord to invest substantial time, effort and money. It is the discretionary nature of the proposed anti-social behaviour ground that means that landlords opt to rely on the less costly provisions of section 33 to remove anti-social tenants. While the Housing Minister maintains that anti-social behaviour can still be tackled under the Bill, and that is correct, one cannot ignore that such cases will impose considerable time and costs on the landlord. Indeed, none of this takes account of the human cost to those other residents involved and who may be called upon to give evidence and speak against their tormentors. Eviction orders may become difficult to obtain where witnesses are reluctant to report anti-social behaviour, cooperate with the landlord or attend court. Ultimately, the removal of section 33 simply removes one of the main tools that landlords have to deal with anti-social tenants, in that sense the Bill will make dealing with such behaviour more problematic and costly for the landlord.
For more information on dealing on how landlords tackle anti-social behaviour or changes in legislation please contact our team.
