Scottish Association of Landlords (SAL), National Residential Landlords Association (NRLA) and Scottish Land and Estates (SLE) are among the coalition looking for legal opinion on the validity of the Cost of Living Bill, that was approved by Holyrood on 6 October.
The companies have instructed Lord Neil Davidson of Glen Clova, KC Advocate at Axiom Advocates, to explore whether the legislation breaches individual rights of landlords in Scotland, including a breach of European Convention on Human Rights.
The firms said that if Lord Davidson’s opinion makes it clear a breach of landlords right had occurred, then legal options would be available to the coalition and a decision would be due next month.
‘Serious concerns over lack of evidence’
Propertymark continued that it had “serious concerns over the lack of evidence and rushed consultation” that were the basis of decisions that will significantly impact use and ownership of property.
“Landlords and agents alike have proven their ability over the pandemic to work with tenants. Many landlords have kept their rents lower in a bid to help but it must be acknowledged that their costs are rising too. This legislation is huge for the sector and the impact on those providing much-needed homes must not be underestimated,” Propertymark said.
Propertymark’s head of policy and campaigns Timothy Douglas, is due to meet officials later this week to discuss Royal Assent and implementation.
The First Minister of Scotland Nicola Sturgeon announced in September that the government would introduce a rent freeze and eviction ban to support families during the cost of living crisis.
The rent cap applies to private and social tenants as well as student accommodation. It is set at zero per cent until March.
Evictions are also banned, except in specific circumstances, and the damages required for unlawful eviction has been upped to 36 months’ of rent. The measures can be extended over two further six-month periods.
It has yet to receive Royal Assent.
