Court challenge over rents freeze

Agroup of landlords associations is seeking a judicial review at Scotland’s highest court over the decision to freeze rents and ban evictions.

The Scottish Association of Landlords (SAL), Scottish Land and Estates (SLE) and Propertymark filed a petition at the Court of Session yesterday, seeking judicial review of the emergency legislation passed last year aimed at tackling the cost of living crisis.

The Cost of Living (Tenant Protection) (Scotland) Act was fast-tracked through Holyrood over three days, capping rent rises at 0%, with some landlords able to apply for increases of 3% to cover building costs.

The legislation also banned evictions from being enforced in Scotland until the end of March.

But on Thursday, tenants rights minister Patrick Harvie announced the extension of the eviction ban until September 30 and, while the rent cap will be lifted from 0% to 3% in the private rented sector, the freeze will be scrapped for social landlords, who reached an agreement with ministers that increases would be below inflation.

In a nine-page submission to the Court of Session, signed by Lord

Davidson of Glen Clova KC – a former Advocate General for Scotland – the groups argue the legislation has led to “a material adverse impact on the income and capital of landlords renting property in Scotland”.

A spokesman for the Scottish Government said: “We recognise the role of the private rented sector in providing homes for let, and acknowledge that some costs have been rising for landlords as well as tenants.

“The emergency legislation passed by Parliament requires us to keep measures under regular review.”

John Blackwood, the chief executive of SAL, said the result of the legislation had been “just as concerning as we predicted”, with landlords being forced to sell properties reducing the housing supply.

“While the Scottish Government sees fit to raise council and housing association tenants’ rents, so social landlords can do repairs and improvements, they fail to realise that private landlords are faced with similar financial pressures,” he said.

“Landlords have had enough.

“We must stand united to protect our property rights by challenging this unfair legislation in court.”

UNDER FIRE: Tenants rights minister Patrick Harvie.