Evictions - duties to consider delay: equality impact assessment results

Equality Impact Assessment Results

Title of Policy:

Part 2 Housing (Scotland) Bill (“the Bill”) - Evictions: duties to consider delay

Summary of aims and desired outcomes of Policy:

Measures in the Bill are designed to provide greater protection for all private and social rented sector tenants during the eviction process, except in limited circumstances, by introducing a specific requirement on both the First-tier Tribunal for Scotland (Housing and Property Chamber) (“Tribunal”) and the Scottish Courts, that where an eviction order/decree is granted, they should consider whether a delay to the enforcement of that eviction order/decree is reasonable. This is intended to:

• ensure that consideration is given to any seasonal pressures or individual circumstances where it would be reasonable to give those being evicted additional time before the eviction could be carried out to find alternative accommodation or access the necessary support;
• reduce, as far as possible, the negative impact of eviction at a time of greater stress resulting from additional pressures or individual circumstances; and
• ensure that all the circumstances of a case are considered and that the rights of tenants are appropriately balanced against the rights of landlords to recover the let property.

Directorate:

Directorate for Local Government and Housing: Better Homes Division: Housing Legislation and Reform Unit.