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Chamber and committees

Question reference: S5W-33619

  • Asked by: Pauline McNeill, MSP for Glasgow, Scottish Labour
  • Date lodged: 30 November 2020
  • Current status: Answered by Kevin Stewart on 9 December 2020

Question

To ask the Scottish Government what action it is taking to protect tenants from unlawful evictions.


Answer

The Scottish Government continues to take action to protect tenants from unlawful evictions. The private residential tenancy, introduced in December 2017, provides additional security of tenure and protections for tenants including in relation to wrongful terminations. At the start of a new tenancy, landlords’ must provide their tenant with prescribed information to ensure tenants are informed of their rights. Information makes clear that where a landlord does not follow the correct legal process or threatens to physically remove a tenant from their property or changes the locks that this is an unlawful eviction and a tenant should report the matter to Police Scotland.

To support tenants and ensure they are aware of their rights particularly during the pandemic, the Scottish Government has carried out two social media campaigns in April 2020 and during July and August 2020. A third campaign is underway and launched on 8 December 2020. It includes up to date information on the protections in place for tenants, including in relation to unlawful evictions, and signposts tenants to Citizens Advice Scotland for information and support.

The Scottish Government has also published, in collaboration with Public Health Scotland, Citizens Advice Scotland and Shelter Scotland, a comprehensive guide to support and advice for those living in the private rented sector during the COVID-19 pandemic, which specifically included information on illegal evictions. This resource is available on the Scottish Government’s website at: Coronavirus (COVID-19): advice for private tenants - gov.scot (www.gov.scot)

In August 2020 I wrote to all tenants in Scotland highlighting the extra protections in place to prevent evictions during the pandemic and where tenants could access help and support. As well as my letter, all private tenants were sent a shortened printed copy of the tenants resource, ensuring maximum reach and sign-posting to the full online version.

In addition, the Scottish Government has been working with the Private Rented Sector Resilience Group which has engaged with Police Scotland about the need for officers to be aware of illegal evictions law and to discuss any identified issues as and when they arise to ensure tenants’ rights are recognised and fully enforced.