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Displaying 1032 contributions
Local Government, Housing and Planning Committee
Meeting date: 8 March 2022
Graeme Dey
You are right to say that John Blackwood of the Scottish Association of Landlords was quite positive about the protocol. However, he suggested that the SAL would be keen to have dialogue on refinement of the protocol, on some of the detail and on how it is presented. Would you be open to that?
Local Government, Housing and Planning Committee
Meeting date: 8 March 2022
Graeme Dey
Does anyone else want to come in on that? If not, I will move on.
Some of the written evidence in response to the Parliament’s call for views suggests that the impact of the pre-action protocol is going to be quite limited, because there is no duty on the landlord to comply with it. Is it not the case that landlords would be ill advised not to comply with the protocol, because of the consideration that will be given to their participation in it when it comes to any process that follows?
I see lots of nodding heads, so I will not pursue the point. Can I—
Local Government, Housing and Planning Committee
Meeting date: 8 March 2022
Graeme Dey
I apologise, convener.
Local Government, Housing and Planning Committee
Meeting date: 8 March 2022
Graeme Dey
Finally, we keep talking about this issue in relation to landlord participation. After everything that I have read on this, I am still a little bit unclear whether there is any expectation of tenant participation in the process. We are told that a landlord’s failure to engage in it will be a consideration for the tribunal. Are we of the view that it would be a consideration against the tenant if they failed to engage? Does anyone have a view on that?
Local Government, Housing and Planning Committee
Meeting date: 8 March 2022
Graeme Dey
This question is probably best directed to John Blackwood to start with. What evidence, if any, is there of the effect of the temporary introduction of the pre-action protocol? Has it led to a reduction in rent arrears or prevented applications for evictions being made to the tribunal?
Local Government, Housing and Planning Committee
Meeting date: 8 March 2022
Graeme Dey
I seek some clarity on a point that I raised with the previous panel. The matter is not clear in anything that I have read. When sitting and making a judgment in a case, is the tribunal’s discretion sufficient when, say, a landlord has fully followed, or has sought fully to follow, the pre-action protocol, but the tenant has ignored all approaches, and there were no reasonable grounds for that? I am not talking about the sorts of circumstances that you touched on. Would the tribunal have discretion to take into account the fact that the tenant had not engaged with attempts to find a resolution?
Local Government, Housing and Planning Committee
Meeting date: 1 March 2022
Graeme Dey
I want to explore how some of the legislation is being implemented both in practice and in spirit. The social housing charter refers to standards and outcomes that homeless people can expect from landlords with regard to access to help and advice, quality of accommodation and continuing support to help those people to access and keep a home. At the risk of being parochial, I want to highlight a case in my constituency. Individuals who were given notice by private landlords approached the local authority, as the go-to for finding accommodation, only to be told to sit tight for the notice period, after which the eviction process would be started. The council appeared reluctant to take away some of the burden and stress being felt by those individuals at that early stage by offering advice or, indeed, engaging with the private sector landlord. Where does such an approach fit—if it fits at all—in the charter? Even if it is okay, is it in the spirit of how the charter should be applied?
Local Government, Housing and Planning Committee
Meeting date: 1 March 2022
Graeme Dey
With regard to resolving neighbourhood disputes and providing adequate tenancy support where it is needed, is the current reporting mechanism—the self-assessment, if you like—robust enough to ensure that what is being recorded is accurate?
Local Government, Housing and Planning Committee
Meeting date: 1 March 2022
Graeme Dey
I am sorry—I have not explained this clearly enough. What I am getting at is the conduct of the local authority when it is approached. It is simply telling tenants to sit tight for the notice period, after which the eviction process will start. That is very unsettling for tenants who are seeking a social housing gift—for want of a better word. Is it appropriate for the local authority simply to kick the can down the road like that, or should it be engaging earlier? Is that approach covered in the charter in any way?
Local Government, Housing and Planning Committee
Meeting date: 1 March 2022
Graeme Dey
Minister, you made the point earlier that what we are here to discuss is the charter, but we have strayed into other areas, although that has been all to the good.
I have a small suggestion. You have commented on how you would expect social landlords to raise awareness of the charter. Is there a requirement on social landlords to make tenants aware of the existence of the charter and the regulator? That might lead to an improvement in the situation. Social landlords that are doing everything that the charter requires will do that, but if those that are not were also aware that their tenants understood what the charter required and about the existence of the regulator, that might drive behaviour. Is that worth considering?