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Claphams Solicitors' Latest News

The latest legal news and announcements from Claphams Solicitors.

Landlords claim Scottish Government rent freeze breaches their human rights

A group of landlords have chosen to pursue legal advice to decide whether the Scottish Government's recent rent freeze and evection ban breach their human rights.

The Scottish Parliament passed the emergency legislation in early November. This legislation is intended to protect tenants' rights by putting a stop to rent raises and evictions until March 2023 (there are some exceptions to this, of course, including if the landlord has increased property costs or mortgage interest charges).

Tenant's rights minister Patrick Harvie has commented on the rent freeze legislation, saying it will "give tenants in their homes confidence about their housing costs" and is a direct response to the current cost of living crisis.

Tenant's union Living Rent has criticised the legislation, however, saying that a "full, comprehensive rent freeze" is required to truly help out tenants.

Rental groups seeking legal advice on the new legislation are The Scottish Association of Landlords, Propertymark, Scottish Land and Estates, and the National Residental Landlords Association. These groups have instructed Lord Davidson KC to investigate whether or not the legislation violates the individual rights of landlords in Scotland. It is expected that whatever the outcome, the ownership of property in Scotland could be greatly affected. Lord Davidson's legal decision is expected to come within the next month.

A spokesperson for the Scottish Government has commented, "The legislation has been carefully designed to balance the protections that are urgently needed for tenants with important safeguards for those landlords who may also be impacted by the cost crisis and face financial hardship."

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