Enhancing rights within the existing tenancy framework
5. After 4 years of the Private Residential Tenancy being in place, how well do you think the 18 grounds for eviction are working? Is there anything that you would like to see changed?
Please provide your views
It is very difficult for landlords when non payment of rent is a discretionary clause for eviction.
Many landlords have mortgages to pay on let properties, and if tenants do not have a customary responsibility pay their rent, where is the money supposed to come from the pay mortgages and other arising costs?
Many landlords have mortgages to pay on let properties, and if tenants do not have a customary responsibility pay their rent, where is the money supposed to come from the pay mortgages and other arising costs?
7. Do you have any views on our proposal to clarify the original policy intention in relation to the use of ground 6 for ending a tenancy (‘Landlord intends to use for non-residential purpose’) - to make clear that this eviction ground cannot be used to evict a tenant in order to use the property as a short term holiday let?
Please provide your views
I think if a landlord wants to use a property as a holiday let, they should be allowed to terminate a tenancy in order to do so. It is important to allow landlords the flexibility to take opportunities in other markets when there is a chance to, particularly in areas where tourism is an emerging industry. A tourism industy cannot be developed of there is only limited accommodation for holiday makers in an area.
11. Do you agree with our proposal to amend the 2016 Act to ensure that all joint tenants can end their interest in a private residential tenancy without the agreement of other joint tenant(s)?
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12. In the social rented sector, the notice period required for a joint tenant to end their interest is four weeks.
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13. Should this proposal that a joint tenant can end their interest in a tenancy without the other joint tenant's agreement be taken forward, are there any additional safeguards that should be put in place for remaining joint tenants in the private rented sector?
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14. Should we introduce a similar ground to that in the social sector to enable private landlords to initiate eviction proceedings to end a perpetrators interest in a joint tenancy and transfer the tenancy to a tenant who was subject to domestic abuse, allowing the victim/survivor to remain in the family home where they wish to do so?
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No
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16. Should we streamline the eviction process (remove the discretion of the Tribunal), where there has been a criminal conviction punishable by imprisonment in the previous 12 months relating to abuse of another person living with them in the let property (joint tenant or co-habitee)?
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No
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18. If unclaimed tenancy deposits were to be reinvested, do you agree that the period after which the funds would be available for reinvestment should be: i. after all avenues to reunite deposits with their tenants have been exhausted, and ii. after a period of 5 years?
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Greater flexibility to personalise a rented home
19. How could a right to keep pets be most effectively introduced for the private sector, for example by the introduction of a statutory right or by amendment to the Model Tenancy Agreement, and should exceptions be allowed?
Please provide your views
Exceptions should be allowed. If a landlord does not want pets to be permitted, they should be able to exercise that choice.
A further exception should be that some properties are completely unsuitable for keeping pets in.
Another exception could be the type of pet - there is a huge difference between a pet that lives in a tank/cage and a dog that is allowed in all parts of the house on the impact it has on the property.
Whether the property is furnished or unfurnished should also be a factor - a dog can easily destroy all the furniture in a let property, leaving a landlord with the huge cost and inconvenience of replacing it all.
If pets were allowed, deposits would need to be much greater. I have experience of pets in rented properties causing damage which cost 4x the value of the deposit to fix.
A further exception should be that some properties are completely unsuitable for keeping pets in.
Another exception could be the type of pet - there is a huge difference between a pet that lives in a tank/cage and a dog that is allowed in all parts of the house on the impact it has on the property.
Whether the property is furnished or unfurnished should also be a factor - a dog can easily destroy all the furniture in a let property, leaving a landlord with the huge cost and inconvenience of replacing it all.
If pets were allowed, deposits would need to be much greater. I have experience of pets in rented properties causing damage which cost 4x the value of the deposit to fix.
20. Should the right to keep pets also be introduced as a right in the social sector?
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21. How could the right to personalise a privately rented home be most effectively introduced for the sector and what is an acceptable definition of personalisation? For example, should the property be returned to the original state by the tenant where there is no explicit agreement between the tenant and landlord?
Please provide your views
The property should be returned to the original state by the tenant, unless agreement is made with the landlord.
A landlord should also have the right to insist that any personalisation is carried out by an authorised professional tradesman.
A landlord should also have the right to insist that any personalisation is carried out by an authorised professional tradesman.
22. Should different consideration be given for the right to personalise where a property is furnished or unfurnished?
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23. Is there a need to review how a private landlord can be protected against damage to their property caused by personalisation, above the current tenancy deposit limits, and who should resolve disputes?
Please provide your views
Yes, private landlords need to be protected against damage to their properties caused by personalisation, above the tenancy deposit limits. The deposit scheme could be used to resolve disputes.
If a landlord supplies a property that has been finished/decorated professionally, they should expect to get it back in the same state if personalisation has been allowed. If not, the landlord would face costs of hiring a painter/decorator to return the property to the state it was in previously.
If a landlord supplies a property that has been finished/decorated professionally, they should expect to get it back in the same state if personalisation has been allowed. If not, the landlord would face costs of hiring a painter/decorator to return the property to the state it was in previously.
Reform to the eviction process
24. Do you think additional protections against the ending of tenancies during the winter period are needed? For example, some or all of the following:
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25. If measures to restrict the ability of landlords to commence eviction proceedings during the winter period were introduced, what do you think is a reasonable ‘winter period’ timeframe?
Please provide your views
1 December-5 January
27. Should we introduce a specific requirement for the Tribunal and Sheriff Court to consider delaying the enforcement of eviction orders and decrees during the winter period?
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28. Do you agree the current calculation of damages for unlawful eviction should be reformed and simplified, as proposed (see paragraph 4.3 of draft strategy)?
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Supporting Students
32. Should students living in Purpose Built Student Accommodation be offered similar rights to students who rent from a private landlord?
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Yes
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No
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Affordable rents
42. Do you think the data we are proposing to collect will provide all the necessary evidence to inform national and local rent control considerations? Please explain your answer.
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Yes
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Please provide your views
Additional information on the overall quality of the property is vital to understand the setting of rent. Items such as :
The size/type of garden - is it planted/paved/garden facilities
Additional rooms - is their a utility room/and or office
Quality of finishings - what type of flooring/architraves/doors
Kitchen and bathroom - standard/quality/condition of the fittings.
The size/type of garden - is it planted/paved/garden facilities
Additional rooms - is their a utility room/and or office
Quality of finishings - what type of flooring/architraves/doors
Kitchen and bathroom - standard/quality/condition of the fittings.
Raising standards
59. What are the key challenges for landlords in meeting all the housing standard requirements and timescales and what support could be put in place to help landlords overcome barriers?
Please provide your views
The cost! Currently grants for energy efficiency improvements are only available to residents of houses - and landlords cannot access these funds, but it is not appropriate in many cases for a resident (private tenant) to access the fund and manage the process of the home being improved.
The cost of improvement works would often lead to a landlord being in a position of negative equity, and while some may be able to afford it, many can not!
The cost of improvement works would often lead to a landlord being in a position of negative equity, and while some may be able to afford it, many can not!
About you
Are you responding as an individual or an organisation?
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