Chamber and committees

The Mixed Tenure Improvement Service is not a Scottish Government initiative and was established by the City of Edinburgh Council in 2021. The local authority has created this service based upon powers provided to them under the Tenements (Scotland) Act 2004 to establish a Tenement Management Scheme.

It is for each local authority to review the delivery of their services.

During the 3-year Pilot programme in Wester Hailes, the team have had numerous discussions with owners and landlords.

In Lochend and Restalrig, the team have held a mixture of individual meetings and open ‘drop-in’ sessions where, over the course of a day and evening, local residents can discuss their concerns. So far five of these sessions have been held with the local community, in addition to the newsletters and letters that have been issued in the area.

The council have extended an invitation to Edinburgh Living Rent to hold regular meetings with them to discuss and agree options to improve local engagement.

The council is also in the process of establishing a dedicated project office in the community where residents can drop in to meet with the project team. It is anticipated that this project office will be in place during September.

The Scottish Government does not collect or hold management fee information about local authorities’ mixed tenure improvement services, which would need to be obtained directly from each local authority that operates such a service.

The Tenements (Scotland) Act 2004 does not discuss “standard rates” for any aspect of work to be undertaken and no changes to this are currently under consideration.

The Mixed Tenure Improvement Service is delivered by the City of Edinburgh Council using powers as set out in the Tenements (Scotland) Act 2004. Any concerns with the scheme would need to be raised with the Council.

Tackling the climate emergency is one of this Government’s key priorities and we are committed to ensuring that those who may be impacted by the transition to net zero are involved in designing how we manage it.

Our Public Engagement Strategy for Climate Change, published in September 2021, recognises our commitment to a participatory approach where people can actively shape just, fair and inclusive policies that promote mitigation of, and adaptation to, climate change.

Heating our homes and workplaces causes around 20% of our carbon emissions, so we cannot achieve net zero without improving energy efficiency and ending our use of gas boilers. We recently consulted on proposals for a Heat in Buildings Bill, receiving over 1600 responses. We will ensure that our proposals are affordable for homes and businesses, and take account of responses to the consultation.

In Edinburgh, the council’s Scheme of Assistance Strategy allows owner occupiers to sell their homes back to the Council and remain in their home with a Scottish Secure Tenancy. Throughout the 3-year Pilot programme in Wester Hailes, the team have engaged and consulted with owners and landlords to understand their concerns and see what support could be offered. This approach will continue as the service expands to Restalrig and Lochend.

The council have considered residents with poor credit ratings and have offered payments plans which have been extended to 15 years and the interest rate was lowered to 4% from 8%. This option was specifically established where owners would not be eligible for loans from other sources and is not dependant on any credit references being obtained.

The City of Edinburgh Council set their 21-day timescale during the Wester Hailes pilot and the timescale is based on experience gained during the pilot programme.

The timescale allows owners to reflect and seek advice but is short enough to prevent undue delays to the repairs. The council have provided numerous extensions to this timescale where requested by owners.

The Scottish Government has not engaged in any such discussions with the City of Edinburgh Council's Mixed Tenure Improvement Service. Homeowners who have purchased properties under the Low Cost Initiative for First Time Buyers (LIFT) are able to participate in such improvements schemes in the same manner as other residents.

The prescribed Notice to Leave that landlords must use to end a private residential tenancy includes important information for tenants and signposts to a number of organisations, such as Citizens Advice Scotland and Shelter Scotland, should they need advice and support to understand their rights. It also directs tenants worried about having somewhere to live to contact their local authority to discuss their circumstances.

Local authorities are obliged by law to offer minimum of temporary accommodation, advice and assistance for people who are at risk or who are experiencing homelessness. They are best placed to provide advice on housing options and what further support they can offer.

For short assured or assured tenancies, the Notice to Quit landlords must use to end the tenancy advises tenants about getting legal advice or contacting organisations who provide housing support if they are unsure of the validity of the Notice. It advises that help with all or part of the cost of legal advice may be available under the legal aid legislation.

Scottish Government are providing up to £2 million this year to support the Early Resolution Advice Programme administered by the Scottish Legal Aid Board, which supports projects in the third sector, to provide assistance and representation for people at risk of, or facing court action related to debt and housing matters.

The interest rate is applicable to debt where private property owner occupiers pay back over an agreed period of time. The City of Edinburgh Council consider this a last resort for private property owners who may be able to source more favourable rates through re-mortgaging or external finance. This rate was agreed within the council in 2021 alongside the approval of the enhanced Scheme of Assistance and extension of the debt recovery terms. It is worth noting that interest rates were much lower in 2021.

The policy is aimed at getting the balance right for both the council and debtors whilst not encouraging owners to agree payment plans with the council by default. Debt recovery from owners for the works in Wester Hailes is very positive so far with 77% of debt paid or secured in payment plans.

There are no current plans to issue additional guidance covering cases where an owner occupier wishes to sell their home to a local authority or a Registered Social Landlord and remain in it as a tenant in the social rented sector. These matters are covered in our operational procedures for local authorities and Registered Social Landlords on (a) the grant-funded element of the Affordable Housing Supply Programme and (b) the Mortgage to Rent scheme which is part of the Home Owners Support Fund.

In due course however, we intend to issue additional guidance to local authorities and Registered Social Landlords on the purchase of properties from landlords leaving the private rented sector with a tenant in situ through the Affordable Housing Supply Programme.