Private landlords and letting agents in Scotland seek a judicial review of the Scottish Government’s rent cap and eviction moratorium announced in September 2022. 

Help us fund a judicial review of this unjust legislation and prevent the loss of much-needed private rented housing in Scotland.

Background

On 6 September 2022, the Scottish Government announced that it was immediately freezing rents and introducing a moratorium on evictions.

The emergency legislation, introduced without proper consultation, was justified as a response to the “emergency situation caused by the impact of the cost crisis on people who rent in Scotland”.

The Government’s stated intent was to:

Protect tenants by stabilising their housing costs.

Prevent tenants being evicted from the rented sector by a landlord wanting to raise rents between tenancies during the temporary measures.

Prevent negative impacts on tenants' health and well-being, which might be caused through the process of being evicted.

The measures were intended to remain in place for a minimum of six months, with the ability to extend for a further 12 months. The government has already extended the legislation to 30 September 2023, and we believe is likely to extend it further to 31 March 2024.

The Case  

A coalition of representative bodies - the Scottish Association of Landlords (SAL), Scottish Land & Estates (SLE), Propertymark and the National Residential Landlords Association (NRLA), sought legal counsel concerning the legitimacy of this legislation on the basis that it seeks to transfer the burden of increasing costs from households to landlords; leaving housing providers potentially unable to cover their costs and facing significant delays to exit a loss-making tenancy.

This legal opinion suggested that there was an arguable case to challenge the Act because its provisions are disproportionate and unfair, failing to recognise that the pressures faced by those in the private rented sector affect not only tenants but also landlords who face steeply rising costs.

Based on this opinion, a petition seeking judicial review was submitted to the Court of Session in Edinburgh, naming SAL, SLE and Propertymark as petitioners. As the NRLA does not directly operate in Scotland, it concluded there was no legal standing to join the case officially. Instead, it will provide financial and practical support as appropriate.

The petition seeking judicial review highlights the following:

That rent control applies irrespective of the tenant's and landlord's financial position, assuming vulnerability on the part of all tenants and that all landlords can withstand increasing costs.

In the decision to remove rent control in the social sector, the Scottish Government acknowledges the need to maintain these properties but has not given the same consideration to landlords in the private sector.

That the law does not make any distinction or provide relief based on different circumstances of landlords; between larger, institutional companies who might be able to shoulder increased costs and individual landlords who might not.

The eviction ban delays the addressing of matters such as arrears which adversely impact landlords’ cash flow culminating in a reduction in capital value.

How Can You Help? 

Although the three organisations involved in this case have agreed to seek a judicial review, none have the resources to challenge the Scottish Government alone.

Bringing a judicial review is expensive, with the initial review likely to cost more than £60,000 in legal costs and court fees.

We need help to fund the cost of this action, and are calling on individuals and businesses working in the private rented sector to offer their financial support as we challenge this legislation. 

Thank you for your support.