Question reference: S6W-16612
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
- Date lodged: 5 April 2023
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Current status: Answered by Paul McLennan on 2 May 2023
Question
To ask the Scottish Government whether it has any plans to amend the pre-action requirements relating to private tenancies to formalise the referral of tenants for free independent money advice.
Answer
The aim of the Pre-Action Protocol for rent arrears is to sustain a tenancy, as far as possible, so that tenants can remain in their homes. Before taking action to repossess a property, landlords are required to have carried out certain steps to support their tenant to address any arrears. This includes providing tenants with clear information on how to access information and advice on financial support and debt management. In any subsequent eviction action, a landlord must demonstrate how they have complied with the protocol.
There are no plans at this time to formalise the referral of private tenants for free independent money advice. Guidance for private landlords on complying with the pre-action protocols includes sample letters which help ensure tenants are provided information on their rights and sign-posted to available support, including free independent advice from the Money Talk Team. The guidance can be found here: https://www.gov.scot/publications/coronavirus-covid-19-guidance-for-private-landlords-on-seeking-repossession-of-private-rented-housing-on-rent-arrears-grounds/pages/summary/ .