Scottish rents spiralling at double the rate of inflation don’t tell the full story: GLC raises concern over the private rented sector in Scotland

Unlawful and unfair exploitation of vulnerable tenants lie beneath Scottish Government statistics 

Rents in Glasgow and Edinburgh’s private rented sector (PRS) have risen more than anywhere else in Scotland, and Govan Law Centre (GLC) believes spiralling rent costs are leading to more homelessness and poverty.

We believe the story beneath the Scottish Government’s official statistics is stark, and deeply worrying.  Casework from GLC’s Citywide Private Rented Sector service in Glasgow reveals how many private landlords aren’t following the legal protections in place for rent increases. 

Some tenants end up paying for the repairs their landlords are obliged by law to carry out.

Many vulnerable tenants are being pushed into financial hardship and misery, and being forced to live below “the breadline” and rely on foodbanks to make ends meet.

In Glasgow, private rents have been hiked up by almost one third between 2010 and 2018 (31.13%) - almost double the rate of inflation (the consumer price index rose by a total of 18.7% over the last eight years - see further Chart 1 below).

GLC’s PRS Co-ordinator Wendy Malloy said: “We can evidence that rent increases being implemented during lets are having a serious impact on household financial sustainability, and increasing the risk of homelessness. A lot of the time these increases are being done without proper legal notice being served and with tenants simply accepting they have to pay”.

“We are seeing many households struggle with arrears and we are providing legal advice and representation in these circumstances. We believe this highlights the need to get the message out to people that there is a formal process in place for increasing rents and mechanisms to appeal should the tenant disagree with the proposed increase. Always seek free advice from your local law centre or advice agency”.

GLC’s Principal Solicitor Mike Dailly said: “Our casework provides cogent evidence of unlawful rent hikes across the City by private landlords. One of our clients is a disabled single parent whose landlord increased her rent by 43% during one month to £1,500 p.m. The housing benefit ‘local housing allowance’ was only £800 p.m. Other clients already struggling to make up housing benefit shortfalls have been trying to cope with rent increases of around £100 p.m. Tenants can apply for discretionary housing payments to help, but these are generally temporary. In practice, many tenants are meeting rent hikes by using their social security money for food and heating costs”.

“There is clearly a need for greater public awareness that rent hikes require formal written notice and must comply with certain legal procedures to be valid. There is always a right to appeal, although the law on market rents tends to favour private landlords. Govan Law Centre believes the private rented sector remains largely unregulated and in practice is too often a free-for-all for landlords out to squeeze as much money as they can from a tenant with limited options”.

“For low income tenants there is no consumer choice or genuine market competition in this sector. We believe there is a case for national regulation - there is no national regulation at present unlike for the social rented sector. There is a need for a ‘living rent’ in this dysfunctional market, and strengthening the rights of private sector tenants in Scotland. The present system is unsustainable and is costing the taxpayer in terms of the social, human, and medical problems it creates”.

Case study Mrs J
Mrs J is a widowed woman with 3 adult children living in private rented property. Mrs J’s has a number of health problems and her own income derives from sickness and disability benefits. Mrs J’s also has an entitlement to housing benefit of £800 per month which was capped at the maximum level of local housing allowance. The client with the assistance of her family were able to pay the difference of £250 towards the contractual rent of £1,050 each month. Mrs J’s landlord came to the clients home to advise that he was increasing the rent to £1,500 each month and that this was to be effective from the next date rent was due. Govan Law Centre were able to advise that this increase had not been intimated to her in the prescribed form and insufficient notice had been given and also advised this to the landlord. A few months on from this her landlord returned and provided the correct intimation and notice which meant there was to be an increase of £450 per month towards the rent. Mrs J and her family were unable to afford this increase despite significant reductions in their household spending. As a result of this increase Mrs J and her family had to make an application for Homelessness on the basis that their rent was unaffordable and can no longer sustain their tenancy.

Case study Mr K
Mr K is a single man living in private rented property. Mr K has lived in the property for over 12 years. Due to poor mental health Mr K has been unable to work throughout the period of his tenancy. Mr K’s housing benefit was capped at the maximum local housing allowance for the property but only had to pay a few pounds from his Employment Support Allowance to meet the contractual rent. At the start of the year his landlord advised that the level of rent was to be increased by £91 per month. Mr K has had some assistance with Discretionary Housing Payment to help meet this increase however due to the nature of the award this was only a short term award. Mr K started further utilising his Employment & Support Allowance to help cover the shortfall but this has meant he has had to cut back significantly on essential expenditure such as food, heating and lighting. Mr K was unable to sustain these cut backs and as such his rent has become affordable. Mr K is now currently looking to move into Registered Social Landlord housing stock but due to the level of housing stock available has yet to find suitable alternative accommodation. As a consequence Mr K has accrued arrears to the value of the monthly rental shortfall.

Case study Ms B
Ms B is a single parent to two boys and lives in private rented accommodation. Ms B works full time, so was paying rent herself until the landlord increased this from £650 to £750 pcm. As the property was also suffering disrepair and dampness, Ms B’s income was being used to provide additional heating and fixing repairs the landlord was refusing to do, such as replace a broken window, clean and paint over dampness. When the rent was increased Ms B begun to miss payments and accrued arrears of £1300 and late payments. Ms B has applied for DHP but this was refused. She was now borrowing from family and friends to manage the arrears and pay full rent. Govan Law Centre were able to report the landlord to Landlord Registration and the Housing and Property Chamber for Scotland and as a consequence a rent relief order and repair enforcement order were granted. Govan Law Centre were also able to ascertain that the rent increase was unlawfully implemented as no rent increase notice had been served. Ms B gave up her private tenancy a few weeks after the enforcement orders were granted to move in with family while seeking social housing.

PRS stats for Scotland from 2010 to 2018 (year end September)

https://www.gov.scot/publications/private-sector-rent-statistics-2010-2018/

Scottish rents spiralling at double the rate of inflation don’t tell the full story: GLC raises concern over the private rented sector in Scotland

Permission for homelessness petition for judicial review to proceed against Glasgow City Integration Joint Board (Glasgow City Health and Social Care Partnership)

Lady Paton has granted permission today for a petition to proceed for judicial review of a homelessness decision against the Glasgow City Integration Joint Board (GCIJB; also known as the 'Glasgow City Health and Social Care Partnership'). A procedural hearing has been assigned for 22 August, and a substantive hearing for 3 October 2018 at 10am in Zungunde v. Glasgow City Integration Joint Board.

The intentional homelessness decision was made by Glasgow City Council on behalf of the GCIJB. It is believed that this may be the first petition for judicial review in Scotland against an Integrated Joint Board with respect to its delegated statutory responsibilities and duties.

The GCIJB is a body corporate established by Order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 (the 2014 Act).  On 6 February 2016, the GCIJB assumed delegated duties and decision-making power under Part II of the Housing (Scotland) Act 1987 (the 1987 Act) in terms of section 1(5) of the 2014 Act, its Integration Scheme approved under section 7 of the 2014 Act, and The Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Amendment Order 2016 (SSI 2016/2).

Although the GCIJB subsequently issued a Direction under section 26 of the 2014 Act for Glasgow City Council to carry out its functions under the Part II of the 1987 Act, the petitioner's position is that in terms of inter alia section 25(3) of the 2014 Act, the duties and powers under Part II of the 1987 Act rest with the GCIJB, and that Glasgow City Council act on the GCIJB's behalf.

The GCIJB is represented by the NHS Scotland Central Legal Office, the petitioner is represented by GLC's Mike Dailly, Solicitor Advocate.

Permission for homelessness petition for judicial review to proceed against Glasgow City Integration Joint Board (Glasgow City Health and Social Care Partnership)

Overwhelming unmet need for specialist personal insolvency advice in Scotland: update on the work of the Personal Insolvency Law Unit at GLC

Here, Alan McIntosh, Project Manager of Govan Law Centre's (GLC) Personal Insolvency Law Unit provides a brief update on some of the innovative work of our new service.

Over the last few months we have found that there is a overwhelming unmet need for specialist advice and support for clients in Protected Trust Deeds (PTDs) and who are bankrupt in Scotland. It has found many debtors are failing to obtain appropriate advice and representation in relation to:

• Protecting their homes in PTDs and Bankruptcy; and
• Obtaining advice and representation when their PTDs are at risk of failing.

The majority of cases that our specialised Personal Insolvency Law Unit has been dealing with have involved the debtor’s home when they have been threatened with being sold. Sometimes this has been as creditors have made the debtor bankrupt, but increasingly also involves cases where debtors have sought advice from advice services, like Citizen Advice Bureaux and insolvency practitioners and entered into solutions on their advice.

In one case Renfrewshire Law Centre working alongside with GLC's Personal Insolvency Law Unit, was able to make an offer of composition which was accepted by creditors, after an application to eject the debtors from their home had been in front of the sheriff for over a year. The PTD had been granted almost ten years earlier, despite initially only being expected to last three years.

Alan McIntosh, Project Manager

The problem with this case was when it was signed the proposal was that the debtor would not deal with the property to the end of the Protected Trust Deed, at which point they could re-mortgage. However, in that time the credit crunch occurred and clients were not able to re-mortgage, meaning despite continuing to pay their mortgage they lived with the threat of losing their home over that period.

In a similar case, granted around the same time, the £27,321 of debt the client granted the Trust Deed for grew to £52,507, due to statutory interest of 8% per annum being added. The case is still ongoing, however, when the client signed the Trust Deed he was advised he could re-mortgage at the end of the three years, but was not able to. Since then, with three children still living in the home, the mother of the family has passed away.

Another cases involved a client who had been referred onto an insolvency practitioner by a Citizen Advice Bureaux, in 2010, after the credit crunch, with the proposal being that the client could re-mortgage at the end of the Protected Trust Deed and deal with their equity then. The Trustee is now raising court action to sell the home, as the client has predictably struggled to re-mortgage in the current financial environment and with the credit rating they now have.

There have been other successes, however, with some lenders being prepared to show forbearance to debtors when the client’s circumstances have been explained, including that there have been disability issues in the family. However, even when these lenders are majority lenders in the bankruptcy, this has not always provided a solution and there is a number of on-going issues in such cases relating to technical procedural matters, that may still prevent a satisfactory solution being found.

The reality is personal insolvency law in Scotland is extremely complex and many debtors who are now trapped in solutions are struggling to source the specialist help they require to provide them with advice and assistance. Nearly all of Scotland’s free sector advice services are designed to advise clients on how to enter into bankruptcy and protected trust deeds, often with as we have found disastrous consequences, but there are no specialist services available to help people when things go wrong.

We aim to publish an interim report on our findings, based on our case work and relevant empirical evidence.  In the short time our Unit has been operating, it is clear there is a dearth of specialised advice available to clients who are in personal insolvency solutions, despite the serious consequences it can have for clients, risking their homes, often after they believed they had received best advice by people that should have been helping them.  

Sadly, all too often the initial advice given to clients was wrong, not impartial and the administration of the case has been flawed and contributed significantly to the risk of the case failing or the debtor losing their home.

Overwhelming unmet need for specialist personal insolvency advice in Scotland: update on the work of the Personal Insolvency Law Unit at GLC

Report on Glasgow's 'Rights Hubs': helping homeless people in times of crisis

Our 'Rights Hubs' are a joint initiative with Glasgow City Council welfare rights services and Govan Law Centre. We target some of Glasgow’s most vulnerable citizens who need urgent crisis intervention because they are sleeping rough or at risk of homelessness. We have published a short report about our work here (opens as PDF).

We provide our services in Glasgow City Mission and The Marie Trust in alternative weeks. We have held over 42 hubs so far, that's 168 hours of legal and welfare rights services to 263 people. At least 90% of people who come and see us get accommodated, everyone gets a benefit check and we have increased the incomes of around 250 people. This is a real difference to people's lives. 

This is a model of legal advice we have been developing for some time. Govan Law Centre has long believed it is not enough to wait for people to come to us. We need to go to them. We are continuing to look at ways to ensure our rights hubs can expand and improve. Our experience is that by providing a holistic package of services - welfare rights, financial inclusion, financial capability, money advice and housing and homelessness advice with full qualified solicitor services  at the first point of engagement - we are able to do so much more for people who really need our assistance.

These hubs have had a significant positive impact and improved the outcomes for hundreds of people in Glasgow. We hope this short report explains the work we do and gives you a flavour of the impact we are making.

Report on Glasgow's 'Rights Hubs': helping homeless people in times of crisis

Financial barriers by housing associations puts prevention of homelessness at risk in Scotland

Govan Law Centre (GLC) is concerned that some social landlords in Scotland have now introduced major financial barriers which are stopping homeless people from accessing their statutory rights to permanent accommodation.  See the Evening Times article on this issue here.

For example, it is now common place in Glasgow for a homeless person - legally entitled to an offer of a permanent tenancy from a housing association - to be told he or she will only be granted a lease by the association if they pay the first month's rent 'up-front'.  This is an insurmountable barrier for many homeless people, who are either in receipt of benefits or low wages - both of which are paid in arrears - and trying to cope with the mental and physical stress and anguish of homelessness.

GLC believes that this change in policy by some registered social landlords has and will undermine the Scottish Government and COSLA's progressive strategies to prevent homelessness in Scotland.  The policy change also demonstrates a failure by some housing associations to properly consider the needs of vulnerable people. 

GLC's Prevention of Homelessness Senior Manager, Alasdair Sharp, said: "While it is standard practice in the private rented sector for one month's rent to be required in advance; Scottish housing associations receive significant public subsidy, enjoy charitable status and numerous statutory powers".

"The reason for is, is because the Scottish Government and Parliament recognises the fundamental need for social housing in Scotland - and that fact it has a different role to play than the private sector. Social landlords enjoy a privileged position to ensure that the most vulnerable and less advantaged in our society are treated justly and fairly. GLC believes that demanding advance rent from homeless households is at odds with the ethos and role of social landlords. More worryingly, it undermines prevention of homelessness and financial inclusion strategies in Scotland".

GLC believes the Scottish Government should give consideration to using its delegated powers to issue statutory guidance (under section 5(7) of the Housing (Scotland) Act 2001) to clarify that it is not acceptable to require an advance payment of rent as a condition of a person being accommodated as a homeless person; as well as putting the issue beyond any doubt by inserting an appropriate ancillary clause in the forthcoming Housing (Scotland) Bill to amend the 2001 Act accordingly.

Financial barriers by housing associations puts prevention of homelessness at risk in Scotland

Housing (Scotland) Bill fails to meet the needs of homeless Scots, young people and those suffering from mental health problems

GLC's Garry Burns (right); Paul Brown, Legal Services Agency;
Michael Clancy, Law Society of Scotland

Govan Law Centre (GLC) were invited to give evidence to the Infrastructure and Investment Committee this week (22 January 2014) in relation to the proposed Housing (Scotland) Bill (a BBC video of the Parliamentary evidence session can be viewed here: http://www.bbc.co.uk/democracylive/scotland-25843753 )

GLC advised the committee that although Glasgow was unique in Scotland with regards to its homelessness problems that the figures for the rest of Scotland don’t tell the true story. That the problem with hidden homelessness (that is homelessness that is not officially recorded) is an issue across the whole country.

In our view, the consultation process had to be far more thorough and inclusive as there was no input from people who were vulnerable or at a disadvantage, nor were there any consultations with young people or young people’s organisations.

Adjusting the “reasonable preference” in the manner put forward by the Bill's policy would be to the detriment of future applicants for social housing. By not awarding those who are living in overcrowded conditions or are living in intolerable standards, reasonable preference families will suffer. RSL's are charities, who have enjoyed significant public subsidy, and as such have an obligation to society, one of those obligations should be to offer tenancies to those who are living in houses which don't meet the tolerable standard. 

RSL’s having more power in suspending peoples housing applications for previous misdemeanors in housing for an undefined period would in our view be an erosion of a housing applicants rights.  The extension of powers for RSL’s to convert tenancies into SSST is giving RSL’s too much power over their tenants. There doesn't appear to be any significant evidence for further erosion of tenants’ rights. ASBO are a serious matter and the rights of all tenants have to be met, however essentially tripling the length of time through which a family or individual has to have a very real and serious threat of eviction over their head is not something we feel should be in this Housing Bill.

In relation to private landlords, GLC believe that far too often police do not take action on unlawful evictions and action should be taken to resolve this issue. Where landlords have carried out illegal evictions which is a criminal offence, GLC would like to see serious repercussions for such actions. This could include empowering private landlord registration scheme operating in local authorities to have more powers of enforcement than they currently have. There is also to possibility that criminal charges can be brought against landlords who commit crimes when evicting tenants.

We also believe that private rents are excessively high for tenants, particularly if they are on low or modest incomes. The Scottish Government should carry out a review into private sector rents and use their powers to curb rents which are unaffordable to those on low or modest incomes. By creating fairer rents there would also be a significant saving to the taxpayer if the tenant is on benefits which pay for their housing.

Govan Law Centre is grateful to have been invited to give evidence the committee and hope that our recommendations are considered and implemented. If the intention of the Scottish Government is to enact housing policy that is more socially just for all, then the Bill as it stands is very far from achieving this. Far more research and consulting has to be done with those who are hit hard by high rents and are excluded from social housing. The Bill thus far mostly seems to fit the needs of RSL's at the expense of tenants and potential tenants.

Housing (Scotland) Bill fails to meet the needs of homeless Scots, young people and those suffering from mental health problems

GLC cautions against presuming non-payment of bedroom tax arrears leads to 'intentional homelessness'

A number of recent housing articles and commentators have suggested that where a tenant is evicted due to the inability to pay rent due to under-occupancy (bedroom tax) deductions, they will 'usually be classified as intentionally homeless', and not be entitled to alternative accommodation as a homeless person. This is not a correct statement of the law in Scotland or England, Wales or Northern Ireland.

The statutory intentional homelessness test requires a deliberate act or omission in consequence of which accommodation is lost. This essentially requires local authorities to consider the issue of fault. For example, in the English Court of Appeal case of William v. London Borough of Wandsworth the court expressed this test as follows:

"I accept, of course, that it was for the authority to explain why it took the view that the failure to pay monies due under the mortgage was 'deliberate' within the meaning of section 191(1) of the 1996 Act: or, to put the point the other way, why the failure to pay monies due under the mortgage was not properly to be treated as 'non-deliberate' – in the sense that it was forced upon the applicant through no fault of his own" (at para 36, [2006] EWCA Civ 535).

Where a tenant is paying rent (by way of housing benefit) but accrues rent arrears due to the effect of the bedroom tax and is unable to take any reasonable steps to avoid this, then there would be a strong presumption that this was not the 'fault' of the tenant. If so, a tenant in such circumstances who lost their home should not be deemed intentionally homeless. There is ample authority for this principle, for example:

In R v. Tower Hamlets London Borough Council ex parte Mahmood a council tenant was evicted for arrears.  She was found to have become homeless intentionally. Sir Louis Blom-Cooper Q.C quashed the council’s decision as it failed to indicate whether the council had found that Ms Mahmood deliberately failed to pay her rent – as opposed to being in multiple debt and unable to pay.

R v. Tower Hamlets London Borough Council ex parte Ullah (1992) 24 HLR 680 was a case where an owner occupier in multiple debt sold his house to repay debts: insufficient enquiries were made into the necessity of this course of action and a decision of intentional homelessness was quashed by the court.

Tenants in the South and North East of Glasgow can contact Govan Law Centre's Prevention of Homelessness team for further advice and where possible legal representation: (t) 0141 440 2503.

GLC cautions against presuming non-payment of bedroom tax arrears leads to 'intentional homelessness'

GLC's launches draft Housing (Scotland) Bill to meet the needs and aspirations of Scots

Govan Law Centre (GLC) believes that in the 21st century it is time to strengthen and improve the rights of tenants (in both the social and private rented sectors), and the rights of homeless Scots and Scottish gyspy-travellers; it is not a time to undermine, weaken or remove the rights of people in Scotland.

We understand the Scottish Government may be introducing a new Housing (Scotland) Bill in the near future. Here is what we would like to see in that Bill. We believe our recommendations can meet the needs and aspirations of Scots, and make a positive and meaningful difference to the quality of life for hundreds of thousands of people.

We would like to hear your thoughts and views on our ideas, and you can either leave a comment below or e-mail us on m@ govanlc.com with your feedback. We have set out examples below of what we think Scotland needs to see in a forthcoming Housing (Scotland) Bill.

Govan Law Centre’s proposed future Housing (Scotland) Bill

[1] Statement on the abolition of the eviction of Scottish secure tenants - the Scottish Ministers must by 31st December 2015, prepare and publish a statement setting out the measures which social landlords have taken, are taking, and intend to take for the purpose of abolishing eviction for rent arrears in Scotland, and the statement must specify a target date for abolition (which must be no later than 31 December 2018 for the achievement of that purpose, and must also specify interim objectives towards the achievement of that purpose);

[2] A new duty on the Scottish Ministers to develop and implement a national prevention of homelessness strategy;

[3] A new duty on Scottish local authorities (amending section 11 of the Homelessness etc., (Scotland) Act 2003) to provide access to a range of free co-ordinated services, including independent legal advice and representation, money advice, welfare benefits advice and social care services to prevent people facing eviction or repossession becoming homeless; and for local authorities to provide or facilitate dedicated tenancy sustainment protection officers in their localities;

[4] An amendment to section 16 of the Housing (Scotland) Act 2001 to prevent tenants of registered social landlords from being evicted due to the non-payment of the bedroom tax;

[5] To extend the landlord’s Pre-Action Requirement obligations to help tenants in rent arrears after the Notice of Proceeding for Recovery of Possession is served and not just before; and to require social landlords to provide such advice and assistance to enable unbanked tenants in receipt of the Universal Credit obtain access to appropriate banking services;

[6] To introduce a new system of regulation for fair rents in the private rented sector;

[7] To introduce a new form of Scottish secure tenancy for gypsy-travellers in Scotland;

[8] To amend section 5 of the Housing (Scotland) Act 2001 to enable local authorities to request registered social landlord to provide interim or temporary accommodation to those homeless persons to whom the local authority owes a duty under section 31(2) of the Housing (Scotland) Act 1987.

GLC's launches draft Housing (Scotland) Bill to meet the needs and aspirations of Scots

New GLC prevention of homelessness report published online

GLC's Prevention of Homelessness Project (POHP) has prevented 1,200 people in the Southside of Glasgow becoming homeless in the last two years. Govan Law Centre has run the Prevention of Homelessness Project in the city's South West based upon the belief that early intervention and holistic multidisciplinary services, tailored to each individual, can help prevent unnecessary evictions.

In our new POHP progress report for the Oak Foundation - which is published online here: 'Download GLC POHP report as PDF' - we explain how our new project has prevented 1,200 people from becoming homeless, saving about £25.5million in public money from December 2010 to December 2012. We believe if the approach of our scheme was extended nationwide it could potentially save the Scottish Government as much as £320m.

Mike Dailly, GLC's principal solicitor, said: "With our project, we show that early intervention works, but also that it has to be co-ordinated. Often people who are in these difficult situations will not go for help early on. We provide not just very fast specialist legal and money advice services, but we can also connect the person with any other services he or she may need."

The project employs a partnership between the centre, Govan Money Matters Advice Centre and Glasgow City Council's Southside Social Work Department, as well as different voluntary organisations, such as the Scottish Association For Mental Health.

It is designed to highlight that eviction and repossession are usually the tip of a whole range of social and associated problems for those who are vulnerable to the risk of homelessness.

The project recognises there are important indicators that could result in problems leading to eviction and homelessness. These could include those in rent arrears or living in poverty, or those with social worries, such as health or mental health problems.

People who look vulnerable are flagged up by the partnership to the Law Centre early on, which can then intervene or refer them to the appropriate support.

Alistair Sharp, GLC's senior project coordinator, said: "We are looking at savings to the public purse and preventing people facing the trauma of eviction and homelessness. Court action can be avoided by early intervention."

New GLC prevention of homelessness report published online

An end to homelessness in Scotland?

Hogmanay marks the abolition of the priority need test in homelessness law, and the crystallisation of the Scottish Government’s promise to 'end homelessness' in Scotland. Any individual who becomes homeless unintentionally has been promised the right to a home. What does this promise mean in practice? Will people really have the right to a permanent home in Scotland?

In practice, local authorities already side step statutory homelessness duties by turning single homeless people away, telling them there is no available temporary accommodation. This is unlawful but it happens every day in Scotland, and can be very difficult to detect or prove. Why don’t councils have sufficient temporary accommodation?

Ultimately, it’s the lack of a joined-up national housing policy, whereby the specific policy of large-scale stock transfer has meant that many local authorities have no houses at all. Add this to the fact the 2001 Housing (Scotland) Act contains no power for councils to require housing associations to accommodate homeless persons on a temporary or interim basis, and you have a bottle neck in a system where demand always outstrips supply.

Of course living in a temporary furnished flat, or more typically a homeless hotel or bed and breakfast room, is not the same thing as the promise of a permanent home. Much of Scotland’s private sector temporary accommodation ranges from low quality to shockingly bad, if you are lucky enough to get it. 

The reality is we don’t have enough good quality social housing in Scotland; we need to build more, and giving people legal rights to such homes is meaningless unless they are available to let. Indeed it could be argued that raising expectations of access to good quality, decent homes is unfair and unhelpful if many people may never get one.

Our homelessness laws look fantastic on paper but we have a stretched and broken system on the ground, with a lack of infrastructure. And that system will be unable to cope with the additional homelessness caused by the bedroom tax cuts from April, and thereafter the hideous problems created by the universal credit system in October.

If we want to end homelessness in Scotland there is no better starting point than doing much more to prevent it. The Scottish Government has the power to prevent increased homelessness from the bedroom tax cuts, which will adversely affect 95,000 Scottish households from April.

Govan Law Centre (GLC), the STUC and Shelter Scotland are calling for a change in the law to prevent evictions based on bedroom tax arrears, by instead treating such arrears as an ordinary debt. GLC has already drafted a simple solution which the Scottish Government has agreed to look at.

Local authorities must be allowed to build or acquire more homes, or at least be empowered to formally require housing associations to assist them in meeting their emergency homelessness duties, particularly so with the Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 coming into force on 31 December.

Unless we act now to prevent the expected evictions from next year’s welfare reform cuts, and recognise the need to improve our social housing infrastructure in Scotland, the right to a home may become nothing more than a promise which cannot be honoured.

An end to homelessness in Scotland?