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Daily Record
Daily Record
Politics
Chris McCall

Rent freeze in Scotland could face legal challenge from landlords

Landlords are seeking legal advice over a Scottish Government move to freeze rents and ban evictions.

MSPs voted in favour of legislation last week after an emergency procedure meant it was passed in just three days.

The move was backed by Nicola Sturgeon as way of helping Scots who are struggling with the cost of living.

The legislation will cap rent rises at zero per cent until March 31 - but SNP and Green ministers could extend the legislation for two six-month periods.

A provision in the Bill will allow landlords to raise rents by up to three per cent if their property costs increase, provided it is no higher than 50 per cent of the rise in costs.

A group of landlords and letting agents has now announced plans to seek a legal opinion on the legislation, assessing if it breaches the human rights of landlords.

The coalition – which includes the Scottish Association of Landlords (SAL), Propertymark, the National Residential Landlords Association (NRLA) and Scottish Land and Estates (SLE) – has instructed Lord Davidson KC to deliver an opinion.

John Blackwood, chief executive of the SAL, said the action is being taken "with a heavy heart".

He added: "Seeking a legal opinion has been our last resort because our concerns are not being listened to by the Scottish Government. This emergency legislation is high-minded in spirit but lacking in the kind of detail landlords need assurance about.

"Uncertainty for landlords only creates ambiguity for tenants, and I do not think the Government appreciates the level of confusion it has now created. We have repeatedly said we are all willing to work with the Scottish Government and ministers. This is a tough time, but that does not excuse ill-designed legislation that may be the final straw for the private rented sector.

"We are gravely concerned that in a bid to do something to help tenants, the Scottish Government have forgotten the underlying stresses in the private rental sector that we have been warning about for years.”

Ben Beadle, NRLA chief executive, warned the legislation will exacerbate a supply crisis in the private rental sector.

"A viable and thriving private rental sector is vital to a healthy housing market,” he said.

"Sadly, the actions of the Scottish Government damage this objective and will ultimately hurt tenants the most.”

SLE warned of the impact of the Bill on rural communities, while Propertymark voiced concerns over “rushed consultation” before the legislation was published.

A spokesman for the Scottish Government said: "The Cost of Living (Tenant Protection) Bill addresses the cost-of-living crisis by increasing protection for tenants, including student tenants, from eviction and rent rises.

"The measures will apply initially until March next year. We will keep their impact on the wider property market under review during that time.

"The legislation has been carefully designed to balance the protections that are urgently needed for tenants with important safeguards for those landlords who may also be impacted by the cost crisis and face financial hardship.”

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