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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 4 April 2025
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Displaying 708 contributions

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Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

Presumably, however, it would not have an impact on the harder cases anyway.

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

Good morning, minister. One of the key issues in the debate on the introduction of the private residential tenancy was about ensuring a balance between the rights of tenants and the rights of landlords. That is why some eviction grounds remain mandatory. How does the proposal to make all eviction grounds discretionary retain an appropriate balance between the rights of tenants and the rights of landlords?

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

Thank you.

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

Would the tribunal also take into account the fact that a tenant had, perhaps for no good reason, failed to engage?

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

Does anyone else want to come in on that? If not, I will move on.

Some of the written evidence in response to the Parliament’s call for views suggests that the impact of the pre-action protocol is going to be quite limited, because there is no duty on the landlord to comply with it. Is it not the case that landlords would be ill advised not to comply with the protocol, because of the consideration that will be given to their participation in it when it comes to any process that follows?

I see lots of nodding heads, so I will not pursue the point. Can I—

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

I apologise, convener.

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

Finally, we keep talking about this issue in relation to landlord participation. After everything that I have read on this, I am still a little bit unclear whether there is any expectation of tenant participation in the process. We are told that a landlord’s failure to engage in it will be a consideration for the tribunal. Are we of the view that it would be a consideration against the tenant if they failed to engage? Does anyone have a view on that?

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

This question is probably best directed to John Blackwood to start with. What evidence, if any, is there of the effect of the temporary introduction of the pre-action protocol? Has it led to a reduction in rent arrears or prevented applications for evictions being made to the tribunal?

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

I seek some clarity on a point that I raised with the previous panel. The matter is not clear in anything that I have read. When sitting and making a judgment in a case, is the tribunal’s discretion sufficient when, say, a landlord has fully followed, or has sought fully to follow, the pre-action protocol, but the tenant has ignored all approaches, and there were no reasonable grounds for that? I am not talking about the sorts of circumstances that you touched on. Would the tribunal have discretion to take into account the fact that the tenant had not engaged with attempts to find a resolution?

Local Government, Housing and Planning Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graeme Dey

Does anybody else want to come in on that question?