Scottish Government Advice to Landlords

Hello to all landlords with properties in Scotland. This advice was just emailed through by the Letting Agent Regulation Team and I wanted to share it with you.


Q. How can I support my tenants if they are in financial difficulty or are worried about being able to pay their rent over the coming months?

A: It is important you encourage your tenants to contact you as soon as possible if they are in, or think they will be, in financial difficulty and unable to pay their rent.

Tenants affected by Coronavirus who are concerned about paying their rent can claim Universal Credit from the Department for Work and Pensions which includes support for housing costs, if eligible. The UK Government has introduced some temporary changes to make this easier.

Coronavirus Support for Employees, Benefit Claimants and Businesses

If a tenant is getting Housing Benefit or Universal Credit, but still can’t afford their housing costs, they may be eligible for a Discretionary Housing Payment (DHP). Further information on DHPs and how to apply is available here.

Further support is available for people on low incomes from the Scottish Welfare Fund if facing an emergency situation.

Information on how to apply can be accessed here.

Q: What should we do if we are unable to deliver a particular service, such as a gas service and safety check, electrical safety inspection, or undertake an emergency repair, because a tenant is self-isolating or has the virus and refuses to give entry?

A: You should use your best efforts to deliver the service, undertake the safety check or make the repair. However, if you are unable to do so you should record this fact and that this is related to the Coronavirus Covid-19 outbreak. You should consider retrying as soon as is possible and appropriate, having full regard for advice on self-isolation, hygiene and distancing and make sure that you reflect the level of such instances in your performance reporting.

You will want to maintain good communication with tenants affected so they are clear on what action you are taking and the timescales for this.

Q: What should we do if we are unable to deliver a particular service, such as a gas service and safety check, electrical safety inspection, or undertake an emergency repair, because our contractor does not have people available due to sickness levels amongst its staff?

A: You should use your best efforts to source an alternative provider – your, or your contractor’s, business continuity plan may have provision for this. However, if you are unable to do so you should record this fact and that this is related to the Coronavirus Covid-19 outbreak. You should consider retrying as soon as is possible and appropriate, having full regard for advice on self-isolation, hygiene and distancing and make sure that you reflect the level of such instances in your performance reporting.

You will want to maintain good communication with tenants affected so they are clear on what action you are taking and the timescales for this.

Q: Should we pause all evictions during the outbreak?

A: The Scottish Government has called on all landlords not to evict a tenant because they have suffered financial hardship due to coronavirus.

Eviction is a lengthy process and should always been seen as a last resort. The best solution is for landlords to be flexible with tenants facing financial hardship and signpost them to sources of financial support to help them pay their rent. In her statement the Cabinet Secretary for Communities and Local Government announced the Scottish Government’s intention to take action to protect tenants in the private rented sector from eviction. The exact details of these changes are currently being considered.

Q: What services should we prioritise if the impact of the outbreak is such that we do not have the capacity to deliver all services?

A: It will be important for each landlord and letting agent to make these decisions having regard to their own situation, the characteristics of their tenants and local circumstances. You should take a risk-based approach as the situation develops, and should keep the position under constant review. Clearly, actions and services which relate to the health and safety of your tenants will be of primary importance. You should consider how you will advise tenants and service users about any changes in services.