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Tenant unions could be part of Scottish new deal

Respondents to the Scottish Government’s consultation on suggested changes to its rental sector strategy have supported the idea of tenant unions.

This emerged with the publications of an analysis of responses to consultation on the draft strategy, as outlined in A new deal for tenants.

Many respondents welcomed the focus on embedding tenant participation in the PRS, said the Scottish Government. ‘Others did not agree that embedding meaningful tenant participation is needed or should be a focus. It was suggested that what tenants need is an effective route for remedy when things go wrong, and that the Private Residential Tenancy (PRT) regime already provides this’.

However, ‘a number of respondents either noted their support for tenants’ unions having a role in supporting tenants to participate in decision-making or welcomed the potential of tenants’ unions being considered and explored. It was suggested that tenants’ unions could be supported by a ‘right to unionise’.

In total there were just over 8,000 responses to the consultation. Some 172 came from organisations, 756 from individuals but the majority (over 7,500) from ‘campaign-type’ submissions.

When it came to grounds for possession, ‘a commonly-raised issue was around the balance between mandatory and discretionary grounds’. 

A frequently expressed view was said to have been that all eviction grounds should remain discretionary, as they have been since the Covid emergency began. 

‘An alternative perspective was that the mandatory status of some grounds should be reinstated, including to avoid risking lender, institutional, and private investment confidence’.

The vast majority (94 per cent) of those answering a question on possible additional grounds for possession suggested ‘domestic abuse’. 

There was equal support from those answering a question suggesting the idea of allowing joint tenants the right to terminate their interest in a private residential tenancy without the agreement of other joint tenant or tenants.

An equal proportion of respondents agreed that private landlords should be able to initiate eviction proceedings to end the interest in joint tenancies of those responsible for domestic abuse.

A substantial majority – 90 per cent of those answering the question – thought that additional protections against the ending of tenancies during the winter period were needed. The most frequent suggestion was that no eviction order should be enforceable during the winter period. 

On pets, a frequently made comment was that tenants should have the right to keep animals in their home. ‘Comments often focused on the importance of pets to people’s emotional life as well as mental health’.

But ‘other respondents raised significant concerns, including that pets can and have caused problems, including some respondents reporting that they have experienced such problems as landlords. There was particular reference to damage to the property. A frequently-expressed view was that, rather than a blanket right, each situation must be assessed on its merits’.