New legislation designed to modernise the private rented sector (PRS) in Scotland could make it harder for landlords to tackle anti-social behaviour in their properties, according to a group of over 50 letting agents from across the country.

As 350 delegates from across Scotland gather for National Landlord Day in Edinburgh today, 56 letting agents, representing the landlords of over 16,000 properties in total, have signed a statement saying they are concerned that by removing a landlord’s right to allow a tenancy to come to a natural end, the Private Housing (Tenancies) (Scotland) Bill if enacted would make it harder for them to tackle anti-social behaviour.

The signatories to the statement say they know of landlords who have been made aware of anti-social behaviour in their property and have been unsuccessful in their efforts to assist the tenant in improving their conduct. To manage the situation quickly and effectively, and for the benefit of the community, the landlord has allowed a tenancy to come to a natural end, allowing for the adequate notice period outlined in the contract.

These landlords are concerned that in future, neighbours who complain about anti-social behaviour would be forced to make an official complaint to the police and be willing to give public evidence to a Tribunal before any action can be taken to remove a tenant. Not only will this quasi-judicial process increase the time it takes to tackle the problem, many of the people affected by anti-social behaviour will feel sufficiently threatened that they may not be willing to make a public complaint and be too intimidated to testify. Landlords will be powerless to act unless such public complaints are made.

John Blackwood, chief executive of the Scottish Association of Landlords, said: “A key complaint we have heard from our own members, as well as from those in our letting agent wing, the Council of Letting Agents (CLA), is that the measures in the Private Housing (Tenancies) (Scotland) Bill will make it harder to tackle anti-social behaviour.”

“The people often most affected by anti-social behaviour are those in vulnerable groups such as older people who could feel threatened by a neighbour. They may be less likely to publicly complain, let alone be willing to take part in what is a formal legal process. These people would in future have to suffer in silence and our landlords would be powerless to help.”

“SAL and the CLA support the need to modernise the tenancy regime in Scotland. However, we would urge the Scottish Government to look again at their plans to remove the right of a landlord to allow a tenancy to come to a natural end. We call upon them to find a different approach which would allow landlords to tackle anti-social behaviour effectively whilst providing sufficient security for the vast majority of tenants.”

Statement & signatories

“As letting agents from across Scotland, with thousands of landlords as customers, we are deeply concerned that measures being proposed in the Private Housing (Tenancies) (Scotland) Bill will make it harder for them to end tenancies in the event of anti-social behaviour. We know of landlords who have been made aware of anti-social behaviour in their property and have been unsuccessful in their efforts to assist the tenant in improving their conduct. In order to manage this situation quickly and effectively and for the benefit of the community, they have allowed a tenancy to come to a natural end, allowing for the adequate notice period outlined in the contract.

“These landlords are concerned that in future, neighbours who complain about anti-social behaviour in a property would be forced to make an official complaint and be willing to give public evidence to a Tribunal before any action can be taken to remove a tenant. Not only will this quasi-judicial process increase the time it takes to tackle this deeply upsetting problem, many of the people affected by anti-social behaviour will feel sufficiently threatened that they may not be willing to make a public complaint and be too intimidated to testify. Landlords will be powerless to act unless such public complaints are made.

“By increasing the onus on neighbours or members of the community to intervene, the new legislation will drastically limit the ability of landlords or letting agents to take steps to end anti-social behaviour. We are concerned this will damage our reputation when the reality will be that there is no action that can be taken by landlords or letting agents.

“We would urge the Scottish Government to consider amendments to the legislation which would allow landlords to retain some rights which would to allow a tenancy to come to a natural end so they can take action to tackle anti-social behaviour.”

@scotlandlord