Edinburgh housing expert issues urgent advice to renters facing eviction

An advisor from Edinburgh has issued urgent advice to tenants who are being hit with notices to leave.

Across Edinburgh, renters are facing huge hikes in price and some have told Edinburgh Live how they have been threatened with eviction if they don't pay. Natasha McGourt, 36, is now urging tenants to act.

This comes as the new Housing Bill is being discussed in Parliament and it is expected that the SNP will declare a national housing emergency. So far, Edinburgh, Glasgow, as well as Fife and Argyll and Bute and Dunbartonshire have declared a housing crisis.

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Until recently, Natasha, who has also rented her whole adult life, had represented tenants in Edinburgh for around four and a half years. She has also worked for a housing association, letting agencies and managed properties via Local Authorities’ PSL -Private Sector Leasing Scheme in East Lothian, Midlothian and the Scottish Borders.

For tenants who have been given a notice to leave, Natasha is urging them to familiarise themselves with their rights and she stresses that a notice to leave is not an eviction notice.

"The biggest reassurance I can give is that a Notice to leave is not an eviction order and you do not have to vacate by the proposed end date. A notice to leave is effectively just notice of the landlord's intent and is only the first stage in a very long, legal process," she explained.

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"I urge tenants to have their notices checked by services such as Shelter Scotland, Civil Legal Assistance Office and the council's private rented sector (PRS) team.

"Eviction notices are issued by the tribunal, not landlords, and tenants do have the right to defend themselves (or appoint someone to act on their behalf) regardless of what ground has been cited. The landlord would have to provide evidence to satisfy the tribunal of their true intentions before they even consider how "reasonable" it is to grant an eviction order. One of the positives to come from covid is that all eviction grounds are now discretionary and subject to the "reasonableness" argument.

"Many tribunal applications do not result in a hearing as negotiations will be entered into once it becomes apparent the tenant is aware of their rights. Sadly, many do not have the knowledge or confidence to do this themselves and cannot access advice and representation. Landlords typically have agents or lawyers representing them - who do tenants have?"

On Wednesday, May 17, the Scottish Government declared a national housing crisis and following the publication of their housing bill, they are asking for comments from the public. The call for views closes on May 17. You can do so here.

The current housing bill includes rent control for private lets and places homelessness prevention responsibility on bodies including social landlords. The legislation also encourages the council to take 'reasonable steps' to prevent homelessness.

Natasha said: "The new Housing Bill needs to work for both parties - landlords, as well as tenants and legislations, needs to be able to filter the rogue from the responsible.”

“The main reason tenants are being served with notice is due to the landlord's desire to sell. Of course, circumstances change and landlords may have a genuine need to do so. The government should incentivise landlords in these circumstances. One suggestion I have put forward is to relieve landlords of a percentage of "land and building" tax if they sell to an investor with a tenant in situ or sell directly to the tenant if that is at all a possibility.

She said: "Buy-to-let investment needs to be made a more attractive option as this way everyone gets what they want and most importantly, tenants are spared from experiencing homelessness.

"Street homelessness is just one example of homelessness but many people sofa surf and can spend long spells in unsuitable temporary accommodation which will not always be in the local area."

Natasha continued: "This can have a detrimental effect on health and wellbeing. Families and individuals need a safe, secure and affordable home in order to thrive. Ultimately, the main solution is to build more social and mid-market housing but this isn't going to happen overnight, therefore the immediate priority needs to be homelessness prevention“.

"It is apparent that tenants are accepting unfair increases due to fear and threat of eviction."

The 36-year-old added that there should be more money put into funding for private rental sector advice and representation if the tenant decides to go to the first tribunal.

She said: "Housing advice and Money advice are two completely different areas of expertise and given all of the changes to private rented sector (PRS) legislation in recent years, it’s a no-brainer to invest in funding specifically for PRS advice and representation.

"Throwing it in with money advice is a lazy approach in my opinion. The sheer volume of eviction orders granted in respondent or respondent representative absence is just heartbreaking - these tenants don’t stand a chance and legislation means nothing if they cannot access tribunal representation."

Got a story? Get in touch katie.williams@reachplc.com