Action needed to help renters

UK government urged to strengthen social security system.

Scotland’s Housing Minister Kevin Stewart has written to the UK Government calling for urgent action to support housing tenants affected by the coronavirus (COVID-19) pandemic.

In a letter to the Secretary of State for Work and Pensions, Mr Stewart identifies five key areas in which the benefits system and support for people who rent their home should be urgently strengthened.

The Housing Minister urges the UK government to:

• lift Local Housing Allowance rates further to make more homes affordable to renters
• suspend the removal of the spare room subsidy
• suspend the benefit cap
• suspend the shared accommodation rate for under-35s
• extend the backdating of benefits for those who might not have realised they were eligible and relax the criteria under which backdating is allowable

The Scottish Government took action in the first emergency COVID-19 legislation to protect tenants from eviction for at least six months. Recently it made an additional £5 million available in discretionary housing payments to support those renting, increasing this fund to £16 million – this is further to that made available to fully mitigate the bedroom tax.

FULL TEXT OF LETTER

The Rt Hon Dr Thérèse Coffey
Secretary of State for Work and Pensions
Caxton House
Tothill Street
London
SW1H 9AJ

Dear Ms Coffey

I am writing to urge further consideration of the need to strengthen the social security system for renters affected by COVID-19.

In this unprecedented crisis, the Scottish Government and local authorities swiftly took a range of steps to protect renters from eviction through extended notice periods and extension of mandatory grounds. We have also moved to provide additional financial support within our devolved powers and budgets.

In order to support tenants during the crisis, we have increased the amount available for other discretionary housing payments (DHPs) by £5 million to almost £16 million. This takes our overall investment in DHPs in 2020/21 to more than £76 million. We took these steps to support those for whom the UK welfare state is not providing the safety net it should.

We are also supporting private landlords by offering loans and encouraging them to take mortgage breaks where available, although we know this is limited for some. We continue to engage with landlords across the rented sector to ensure that they are coming to agreements with tenants on rent arrears and signposting tenants to the range of financial support available.

The Scottish Government remains committed to working collaboratively with the UK Government to ensure that the social and economic effects of COVID-19 are mitigated effectively and efficiently so that people do not face hardship or homelessness. We have set out the steps we would like you to take in various pieces of correspondence during the pandemic.

The benefits system is an essential lifeline for many people facing or experiencing homelessness throughout the UK. Housing elements of social security remain a crucial part of the support required by tenants facing financial difficulty or homelessness as a result of the pandemic and remain reserved to you.

The changes you have made to local housing allowance (LHA) rates are welcome, but fall short of what is needed to provide comprehensive support to people living in rented accommodation.

In addition to our previous calls to lift the benefit cap; to scrap or relax the restrictions around the removal of the spare room subsidy; to provide more information to local authorities to help signpost available support to tenants; and to support quicker payments for discretionary housing payments, I urge you to consider further action to support people who rent their homes.

This is an area where urgent intervention is required in light of emerging evidence of the inequity of support available between those who rent and those who hold a mortgage.

Recent research by the Resolution Foundation demonstrates this in stark terms, finding that mortgage holders entered the crisis with lower average housing costs relative to income and a bigger financial buffer than renters, a disparity reflected in the fact that renters were far more likely to be facing difficulty in meeting their housing costs than those with a mortgage.

This same research also found that the level of mortgage holders seeking and successfully securing a mortgage holiday is far higher (12%) than the number of private renters seeking and successfully securing rent reductions from their landlords (5%).

We know that many people will find themselves in financial difficulty for the first time from job loss or substantial income reductions. Given the scale at which this is occurring for households across the country, it is vital that the safety net of social security is accessible and sufficient to support people through this national crisis and a new approach to the housing element of social security is now needed.

• We know that low-income families will have no savings to cushion them from the financial impact of the pandemic. We urge you to suspend the removal of the spare room subsidy, particularly as a spare room becomes essential when larger families need space to isolate.

• To support those with high rents who are currently unable to source lower cost accommodation, we would ask you to suspend the benefit cap. This will help to reduce the risk of immediate and short term hardship for families who are unable to meet housing costs, and will help to ensure that the support you have made available through investment in LHA rates and the increase in the standard allowance rate of universal credit is not undermined.

• We have seen the benefit of restored LHA rates in Edinburgh, with several hundred properties now affordable to renters, but the majority of renters will still struggle to source affordable accommodation and people must be able to maintain tenancies beyond the immediate crisis. We urge you to lift LHA rates further, bearing in mind that the 30th percentile still represents a cut when compared to the 50th percentile that applied before UK Government welfare changes.

• The high number of individuals under the age of 35 who have moved in with their parents during this crisis highlights the need for better housing support for young people. Like many stakeholders in the Scottish housing sector, we believe there is a strong case for suspending the shared accommodation rate for under 35s, especially as many who have lost jobs during the crisis are likely to be younger people.

• Finally, we ask you to extend the backdating of benefits for those who might not have realised they were eligible and relax the criteria under which backdating is allowable.

The Resolution Foundation figures are concerning and the risk to households who rent their homes is immediate and pressing. We must work collectively to act now to support a group of people facing mounting rent arrears and financial difficulty they would not have if they were mortgage holders. You will be aware of similar calls from leading homelessness organisations who are hearing concerns from their clients.

I am happy to discuss any of the points raised in this letter and wish to further reaffirm the offers from Scottish ministers to work with you on any other actions you are considering in response to COVID-19. I hope that by working together our governments can provide the most effective form of support during this crisis and afterwards.

Kind regards

KEVIN STEWART
MINISTER FOR LOCAL GOVERNMENT, HOUSING AND PLANNING

Extra funding to support tenants as Holyrood backs emergency measures

The Scottish Parliament has unanimously supported new emergency measures to help people in Scotland get through the crisis caused by the COVID-19 (coronavirus) outbreak.

The Coronavirus (Scotland) (No.2) Bill, now passed by Parliament, gives powers to Scottish Ministers to temporarily intervene and manage care home services where there is a serious risk to the life, health or wellbeing of any person in that home for any reason connected with COVID-19.

The Bill also includes an additional £19.2 million investment in the Carer’s Allowance Supplement, the introduction of notice to leave periods for students in purpose-built student accommodation, and additional protections for those facing bankruptcy.

During the debate, Housing Minister Kevin Stewart has also confirmed an additional £5 million will be made available to local authorities through Discretionary Housing Payments, to support tenants who are now under severe financial pressures (see below).

There are also legislative changes in areas including non-domestic rates relief, proceeds of crime and the wider operation of Scotland’s criminal justice system. The Bill also ensures that COVID-19 grant funding goes to those companies that pay their fair share of tax by excluding those who seek to minimise their tax arrangements to the detriment of the wider economy.

Constitution Secretary Michael Russell said: “Scotland remains in an unprecedented situation. This legislation provides time-limited measures that will further strengthen our ability to prioritise work tackling the coronavirus pandemic, and support those in Scotland facing real hardship as a result.

“Whether it is taking action to safeguard the population’s health such as the measures relating to care homes, helping people in debt or students with accommodation costs,  we will continue to do all we can to help Scotland get through this most testing of times.

“In a spirit of cooperation and consensus we have worked across parliament and with all parties as much as possible as we take these important steps to tackle the impact of this ongoing crisis.”

£5 million for Discretionary Housing Payments

Housing Minister Kevin Stewart has announced £5 million additional investment to support tenants under financial pressure during the COVID-19 outbreak.

The extra funding, announced during the Stage 3 debate of the emergency Coronavirus (2nd) (Scotland) Bill, will go to local authorities to provide support to tenants through the Discretionary Housing Payment (DHP) scheme. This takes the total funding from the Scottish Government for DHPs to almost £16 million – as well as £60 million funding budgeted to mitigate the impact of the bedroom tax.

Mr Stewart said: “We all know that the wider impacts of Covid-19 are increasing pressures on households and leading to greater financial hardship, including paying rent.

“Many more people will now be on benefits for the first time and be subject to the UK Government’s benefit cap while others will have seen their household income decrease substantially and  may be struggling to pay their rent.

“We have been looking closely at how to support people during the crisis and I am pleased to announce that we are increasing the amount we have made available for other DHPs – those that are available outside of our full mitigation of the bedroom tax – by a further £5 million to almost £16 million. This will support tenants who are now under severe financial pressures and where the UK welfare state is not providing the safety net it should.”

The funding announced today takes to £77.1 million the amount of Scottish Government Discretionary Housing Payment fund to support tenants struggling with their housing costs or affected by the bedroom tax, where Universal Credit or Housing Benefit does not cover the cost of their rent.

That includes: Bedroom tax mitigation, £60 million; other DHPs paid already, £10.9 million; Administrative funding of £1.2 million; and today’s announcement of a further £5 million for DHPs.

First Minister Nicola Sturgeon will unveil details of a ‘route-map’ towards easing the country’s lockdown restrictions later today.

Extra protection for tenants

Private and social tenants will be given increased protection from eviction during the coronavirus pandemic.

Emergency legislation will increase the minimum notice period for private and social tenants to up to six months depending on the grounds used, helping to protect them from eviction.

The Coronavirus (Scotland) Bill, to be introduced to the Scottish Parliament on 31 March, will contain substantial further powers and measures to ensure essential public services can continue throughout the coronavirus outbreak.

Constitution Secretary Michael Russell said: “Our lives are being affected as we all play our part in trying to slow the spread of coronavirus and follow the essential public health advice to stay at home.

“For some households and businesses there will be financial difficulties ahead and that could include struggling to pay the rent.

“While all tenants experiencing issues with rent arrears should firstly explain their circumstances to their landlords, this new emergency legislation will provide an important backstop to prevent evictions and relieve the financial pressure people may be facing.

We are also encouraging all landlords to be as flexible as possible during this unprecedented time and would urge them to also seek assistance if necessary by speaking to their lenders about mortgage breaks.

“This bill will provide substantial additional emergency powers to help the justice system, public services and the economy to cope. These measures, which will be strictly limited to the duration of the outbreak, are absolutely necessary to help us all through the coming months.

“The Scottish Government welcomes the very positive all-party discussions that have allowed this legislation to be drafted so quickly. These new measures will help us all as we work to tackle the virus.”

SNP MSP Gordon MacDonald has welcomed the Scottish Government announcement that private and social tenants in Edinburgh are to be given increased protection from eviction during the coronavirus pandemic.

Emergency legislation will increase the minimum notice period for private and social tenants to up to six months depending on the grounds used, helping to protect them from eviction.

The Coronavirus (Scotland) Bill, which contains substantial further powers and measures to ensure essential public services can continue throughout the coronavirus outbreak, will be introduced in the Scottish Parliament tomorrow (Tuesday).

SNP MSP Gordon MacDonald said: “We must all work together to meet this challenge, which is why measures to prevent evictions and relieve some of the financial pressure people in Edinburgh may be facing due to the coronavirus crisis are welcome. 

“The Scottish Government has also encouraged all landlords to be as flexible as possible during this unprecedented time, and I would urge them to also seek assistance if necessary by speaking to their lenders about mortgage breaks.

“No-one should face losing their home as a result of this coronavirus pandemic. The move to ban evictions during this crisis will bring security to people’s lives when they need it most.”

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Tenants and landlords to benefit from new regulations

Letting agents have six months to meet requirements of statutory code

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Letting agents have six months to prepare for compliance with a new, statutory Code of Practice, set to improve standards and empower customers. Housing Minister Kevin Stewart is writing to all commercial letting agents to highlight the changes and their responsibilities, and the need to comply by January 31 2018.

The code sets out standards that must be met in how letting agents deliver services. It includes specific requirements on how clients’ money should be handled. It also makes it compulsory to have Client Money Protection and Professional Indemnity Insurance.

Landlords and tenants can use the code to challenge poor practice and, if necessary, enforce it through the new First-tier Tribunal for Scotland (Housing and Property Chamber). Letting agents will be required to join the Scottish Government’s mandatory register of letting agents, and key individuals in agencies must meet a minimum level of training.

 Mr Stewart said:   “We are committed to ensuring the highest quality private rented sector, which empowers tenants. Our framework for regulation, and the need for the sector to meet key standards and expectations through the code, is an important step in achieving our ambitions.

“Many letting agents already do a great deal to continuously improve standards and inspire confidence amongst landlords and tenants. The introduction of the code means a level playing field for all and ensures clarity on rights, responsibilities and expectations.

“For many people private renting provides a place to call home, and they deserve the necessary standards and protections to find and keep that home. With six months until the code comes into force letting agents must take steps now to be ready for these new ways of working.”

The Scottish Government has developed a guide for those undertaking letting agency work to assist them in meeting the requirements for registration. It is available at:

https://www.mygov.scot/letting-agent-registration/

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