Labour have tabled an amendment to housing legislation tackling landlords that wrongfully evicts tenants
Rogue landlords who illegally evict tenants would be jailed for two years under plans lodged at Holyrood. Property owners could get put behind bars if they trick a tenant into leaving their home.
Labour MSP Katy Clark, who is behind the proposals, said: “There’s absolutely no excuse for failing to strengthen the law to crack down on this abuse in the rental sector.”
A landlord can make a tenant move out if they receive an eviction order from a tribunal.
A renter can also seek a “wrongful termination” order from the tribunal if they believe a landlord has lied.
According to a housing group, examples include landlords re-letting a property instead of selling it, or if they do not take any steps to sell the home within three months.
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Labour wants to amend SNP Government housing legislation to crack down on bad practices by landlords.
Their amendments on wrongful eviction would ensure it is an offence to mislead the tribunal into issuing an order or the tenant into leaving.
Clark, an MSP for the West of Scotland, said of the tougher penalties: “Illegal evictions where rogue landlords force tenants out of their homes remain widespread in Scotland.
“The existing law does not give renters enough protection from this outrageous practice. It’s incredibly difficult for tenants to prove illegal evictions, which all too often allow rogue landlords to get away with forcibly evicting renters. The penalties for this offence are also unbelievably lenient.
“There’s an urgent need to strengthen the law to increase the criminal sanctions for rogue landlords.
“That has to include the possibility of lengthy jail sentences for the worst kinds of ‘slum’ landlords who forcibly evict vulnerable and poverty-stricken tenants.”
“There’s absolutely no excuse for failing to strengthen the law to crack down on this abuse in the rental sector.“
Ruaraidh Dempster, Secretary for the Living Rent trade union, said: “Currently, the penalties given to landlords who break the rules are clearly having no impact. Across Scotland, landlords have been able to get away with evicting tenants claiming that they want to move a relative in or sell the property only to then put the property back on the market at higher rent.
“Being forced out of your home by your landlord is a brutal experience. It is time that landlords face clear consequences if they break the law. This government needs to penalise landlords who break the rules and deliver rent controls that tie rents to a property so landlords are not incentivized to evict tenants to increase the rent.”
A Scottish Government spokesperson said: “Scottish Government amendments to the Housing (Scotland) Bill have been lodged which include increasing the penalty for wrongful termination, in line with the strengthened approach to unlawful eviction damages, and will act as a greater disincentive to landlords from engaging in this unlawful behaviour.
“A number of amendments have been lodged by MSPs at stage 2 of the Housing (Scotland) Bill and will be considered by the Local Government, Housing and Planning Committee.”
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