Scots face postcode eviction lottery from Scottish Government approach; 150,000 Scots denied protection from bedroom tax evictions

Scotland's Housing Minister has written to the Scottish Parliament's Petitions Committee rejecting GLC's call for legislation to prevent bedroom tax evictions in Scotland, and instead has suggested the approach of Dundee City Council (DCC) is to be preferred.

The temporary one year approach of DCC involves not evicting council tenants for bedroom tax arrears 'where the Director of Housing is satisfied that affected tenants are doing all they can be reasonably expected to in order to avoid falling into arrears'.

GLC believes DCC's approach is a step in the right direction - albiet we prefer an independent and impartial court based solution  - but remain puzzled as to how the Scottish Government can on the one hand support DCC's approach to no evictions for bedroom tax arrears, yet fail to ensure that all tenants of social landlords enjoy the same approach in Scotland? 

Only a handful of Scotland's councils have agreed to the approach embraced by the Housing Minister, which means there are approximately 150,000 Scots who reside in tenancies in the social rented sector exposed to a postcode eviction lottery from the bedroom tax. Many of these Scots are particulary vulnerable through disabilities, physical or mental ill-health, or financial exclusion.

None of the half a million or so Scots who reside in housing association properties are being offered any protection against bedroom tax eviction from the Scottish Government DCC approach, nor are the vast majority of council tenants in Scotland offered any hope - despite the fact, the Scottish Government could easily legislate to provide the same protection for all Scots in the social rented sector, which the Housing Minister believes is right and proper for a handful of council tenants to currently enjoy.

GLC believes that the Scottish Government has a responsibility to ensure that all tenants of social landlords in Scotland enjoy the same equality of protection against eviction for bedroom tax arrears; and that at the very least, the Scottish Ministers should use their powers to ensure all such tenants have the same equality of protection which the Housing Minister's supports in her letter to the Petitions Committee.

GLC welcomes Housing Minister's advice on bedroom tax and apparent support for the principle of 'No evictions for bedroom tax arrears''

Govan Law Centre (GLC) has welcomed the Scottish Housing Minister's advice for landlords on the bedroom tax, which the Scottish Government has announced today.  In particular, GLC is pleased to see Housing Minister, Margaret Burgess, encourage social landlords to work with local authorities on the reclassification of 'bedrooms' where appropriate to mitigate the impact of the bedroom tax.

This was a legal issue which GLC on behalf of the Glasgow Advice Agency Ltd (GAA) had obtained the opinion of senior counsel over a month ago, and which GAA had expressly called for the Scottish Government to utlise as a practical strategy to minimse the application of under-occupancy charges, especially where a household had a disabled person. We support the Minister's helpful words of encouragement to social landlords' today:

"There are also circumstances where a bedroom’s classification may be changed and tenants not penalised. Again, I would encourage landlords to consider this possibility and work with their local authority if at all possible".

GLC also welcomes the Minister's endorsement of Dundee City Council's 'No eviction for bedroom tax arrears' policy, which we believe is a very progressive initiative based upon the exact same principle as our 'No eviction for bedroom tax arrears' campaign. The Dundee City Council policy will last for 12 months and guarantees that no tenant who is doing their best to pay their rent arrears will be evicted for bedroom tax arrears. The Minister's statement on this issue is reproduced below, and GLC hopes that the Scottish Government will reconsider its position on amending section 16 of the Housing (Scotland) Act 2001 in light of its apparent support for Dundee's no evictions for bedroom tax policy.

The Scottish Housing Minister said today: "You may wish to be aware of the policy adopted by Dundee City Council which I believe provides a useful template to protect tenants who genuinely cannot make up the shortfall in rent caused by the bedroom tax. The Council has committed that, where the Director of Housing is satisfied that affected tenants are doing all that can be reasonably expected to in order to avoid falling into arrears, they will use all legitimate means to collect rent due, except eviction. I would encourage you to consider this as a mechanism to protect the most vulnerable of your tenants.”