Labour wants more eviction evidence after Wrongful Termination Order

The Scottish Labour Party has written to the SNP government of that country to demand more protection for private tenants.

Labour housing spokesperson Pauline McNeill wants the Holyrood government to pass new laws following the awarding of the first so-called Wrongful Termination Order earlier this month.

The WTO came about when a landlord provided a tenant with a Notice To Leave, stating the landlord and family wanted to move into and occupy the rental accommodation as their main home. However the property was then re-let to another tenant, prompting a court to issue the order.

Labour claims that currently the standard of proof for evictions remains too low, leaving tenants vulnerable to eviction.

McNeill wants landlords to provide more substantial evidence to support their decision to terminate a tenancy; the party wants amendments to the emergency measures in place during the pandemic.

“We simply cannot have landlords evicting people on unfair grounds in the middle of a pandemic” she says.

“The time has come for the Scottish government to listen to the voices of tenants and act to keep them safe.”

In Scotland there is an eviction ban in Tier 3 and 4 areas until March 31 - the ban applies to sheriff officers’ enforcement, and there are exceptions as in England and Wales, applying to criminal or antisocial behaviour.

Longer term changes introduced by the Private Housing (Tenancies) (Scotland) Act 2016 and subsequent amendments mean tenants have more protection than previously, including no more fixed term tenancies, controls on rent increases, longer notice periods and a new (but not compulsory) model tenancy agreement. 

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