Protecting tenants during pandemic
Housing Secretary Shona Robison has welcomed new joint statements from landlords reaffirming their commitment to supporting tenants facing difficulties during the pandemic.
Signed by representative bodies for local authorities, housing associations and private landlords, the statements underline the sector’s commitment to only taking eviction action as a last resort.
The move follows this week’s announcement by Deputy First Minister John Swinney of a £10 million grant fund to support tenants struggling to pay their rent as a direct result of Coronavirus (COVID-19). The new fund takes the Scottish Government’s total support for tenants during the pandemic to almost £39 million.
Ms Robison said: “We have been clear from the outset that eviction action must be an absolute last resort, when all other avenues have been exhausted and a tenancy is no longer sustainable, so I welcome these joint statements from across the rental sector.
“The actions already taken by the Scottish Government, local authorities, housing associations and private landlords have been essential to avoiding evictions. Our new £10 million grant fund to support those who are struggling to pay their rent will shore up these efforts and extend more support to those facing crisis due to the pandemic. We will work towards making the grant fund available later in the year, and we will work with stakeholders over the coming weeks to develop the details.
“Paying rent is an important tenant responsibility, and tenants in financial hardship should engage directly with their landlord. When landlords are flexible with their tenants, signposting them to the range of financial support that is available and coming to agreements to prevent and manage rent arrears, this sustains tenancies and keeps people in their homes, benefitting everyone. These actions are crucial to move towards a sustainable and fair recovery from the impact of COVID-19.”
Cllr Kelly Parry, COSLA Community Wellbeing Spokesperson, said: “Local authorities have worked closely with tenants during the public health crisis, to support them to stay in their homes.
“This is something we were doing previously, but became even more important as our homes became even more important to us over the months of the pandemic. I am glad to see the sector restate their commitment to support tenants, and would encourage any tenant facing financial challenges to work closely with their landlord and seek advice and guidance early.”
Sally Thomas, Scottish Federation of Housing Associations Chief Executive, said: “Housing associations and co-operatives have always worked hard to help tenants who are struggling to pay their rent through tenancy sustainment services.
“This includes support to access benefits, budgeting advice, hardship funds and employability services – and this work has increased during the pandemic. They arrange manageable payment plans for tenants in rent arrears and will never evict someone who has agreed to, and is meeting, the conditions. Every effort is made to keep people in their homes.
“Any tenant who is struggling financially should contact their housing association or co-operative for support and help in paying rent.”
John Blackwood, Scottish Association of Landlords Chief Executive, said: “The overwhelming majority of tenants and landlords are working together to sustain tenancies during the pandemic.
“We welcome the Scottish Government emphasising that tenants have a responsibility to pay their rent, and encourage landlords to work with their tenants and always treat eviction action as a last resort. Our members have been working closely with tenants to reduce rents and write off arrears wherever possible.
“We strongly welcome the £10 million grant fund the Scottish Government has announced to help ensure tenants do not build up debt through rent arrears that they would struggle to repay. It is important landlords remain sensitive and constructive when working with their tenants, and that tenants struggling due to the pandemic speak to their landlord as early as possible.”
The shared statement on private landlords and letting agents working together with tenants to avoid evictions reads:
In responding to the effects of the coronavirus pandemic, there are many examples of private landlords and letting agents who have gone further than ever before to engage with tenants as more people find themselves in difficulty for the first time because of Covid.
As the country comes out of lockdown it is our shared commitment to make sure that tenants in hardship because of Covid continue to get support to pay their rent and living expenses and we will continue to work together collectively to ensure this is done.
The Scottish Government will continue to explore all options for policy and financial support to enable tenants to work with their landlords and letting agents; to be aware of their rights and responsibilities and support them to address financial hardship due to Covid-19.
Alongside existing support of extended notice periods, Discretionary Housing Payments and the Tenant Hardship Loan Fund this will include a new £10m Grant Fund package to support tenants in crisis who are struggling to pay their rent because of financial difficulty caused by the pandemic and help landlords to support them.
Where a private tenant has suffered financial hardship because of the Coronavirus pandemic, eviction action should be an absolute last resort, when all other avenues have been exhausted and a tenancy is no longer sustainable.
We advise that private landlords and letting agents continue to work to the following principles – for the remainder of the pandemic and throughout recovery:
- Intervene early to keep people in their homes and give them the support they need to stay there
- Landlords and letting agents should work with tenants who are struggling and support them to make arrangements to pay rent through a plan that is manageable for them in the long term
- All landlords and letting agents should be flexible with their tenants, signposting them to the range of financial support that is available to help prevent rent arrears as part of the pre-action protocols required prior to any eviction application to the Tribunal or Sheriff Court.
- Landlords and letting agents should act compassionately and quickly to support people who are in financial hardship and wish to work with their landlord to reduce arrears.
Paying rent is an important tenant responsibility and, where a tenant is able to do so, they must continue to pay their rent. To help do this, private landlords and letting agents from across the country have worked flexibly with their tenants to help them access the wide range of support on offer, and to sustain tenancies and prevent eviction action – as demonstrated in the annexed case studies.
Purpose of this statement
- To set out the current levels of support available for private rented tenants and to reaffirm the flexible and supportive approach private landlords and letting agents should and in many cases have been taking to help keep people safe in their homes and avoid eviction where tenants are struggling through no fault of their own to manage their rent payments
- To highlight real-life examples of private landlord practice since the start of the pandemic that has helped tenants in financial difficulty access support in order to sustain their tenancies.
- A complimentary statement has been developed with social housing landlords.
The Scottish Association of Landlords
PropertyMark
The Scottish Government
https://www.gov.scot/publications/joint-working-on-evictions-social-housing-shared-statement%20
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