The long-awaited judicial decision on the legal challenge to the Cost of Living Crisis Act by the Scottish Association of Landlords (SAL) and its coalition partners Scottish Land & Estates (SLE) and Propertymark was published last week. The decision was in favour of the Scottish Government, and ruled that the Cost of Living (Tenant Protection) (Scotland) Act 2022 legislation is not unlawful.
You can read SAL’s update on their website, which includes a link to the full document detailing the court’s decision. Further details of the legal challenge and the Cost of Living Crisis Act are below, in our previous update.
Response from At Home In Edinburgh
This is disappointing news, particularly as it comes as the City of Edinburgh Council has announced a housing emergency. There’s no doubt that the current legislative restrictions have a disproportionate impact on landlords, and do not balance the need to protect tenants with the continuing cost pressures that landlords are experiencing. The resulting reduction in available private rental properties only compounds the lack of social rented homes in the city.
We continue to support SAL as they represent private landlords in ongoing engagement with the Scottish Government. In the meantime, we will continue to support our landlords and tenants, focusing on keeping good tenants in their homes.
Legal challenge to the Cost of Living Crisis Act: Update 17th May 2023
In January, the Scottish Association of Landlords (SAL) and coalition partners Scottish Land & Estates (SLE) and Propertymark mounted a legal challenge to the Cost of Living Crisis Act.
The Cost of Living (Tenant Protection) (Scotland) Act 2022 was introduced in October 2022 and amended in April 2023, currently capping most private rental sector rent rises at 3% and extending an eviction ban. The Act aims to support tenants during the cost of living crisis.
You can find full details of the original legislation in our previous article, New rules for landlords in Scotland – The Cost of Living Crisis Act, and further details of the amendments in our article Cost of Living Crisis Act amendments: Scottish rent rises capped and eviction ban extended
The court hearing took place at the Court of Session in Edinburgh on 4th May, and SAL has published a summary of the session, which you can read here.
We now need to await a response, as the court decision-making process could take up to two months.
Response from At Home In Edinburgh
We support the need to protect tenants and keep them in their homes wherever possible. However, we support the legal challenge to the current Cost of Living Crisis Act. The Act is unfair, with a disproportionate impact on many of our landlords who are also experiencing the effects of the cost of living crisis and who are now struggling financially.
We are pleased to see the Scottish Association of Landlords and their partners advocating so strongly for landlords and the often unrecognised role they play in providing homes for tenants.
What happens next?
We await the findings of the judicial review hearing, due in late June. In the meantime, we will continue to support our landlords and tenants, and continue working to try and keep good tenants in their homes for as long as possible.
Our team are here to provide support, so please do get in touch if you have any quesries or concerns. You can call us on 0131 229 4001, email via our contact form, or pop in and see us at 39 Warrender Park Road, Edinburgh, EH9 1EU.