Evictions - duties to consider delay: equality impact assessment results

Executive summary

Scottish Ministers have committed to further reform of the rented sectors as part of delivering their vision and commitments for housing as set out in Housing to 2040^[1] and consulted on as part of our New Deal for Tenants: Draft Rented Sector Strategy^[2]. The reforms were also developed as part of the Cooperation Agreement between the Scottish Government and the Scottish Green Party Parliamentary Group, which was ended on 25 April 2024. The 2023-24 Programme for Government^[3] commits to a Housing Bill that will help to deliver the legislative changes required.

This document sets out the results of the equality impact assessment on this new duty to consider a delay to the enforcement of an eviction. It is one of a number of equality impact assessments carried out on the policy changes included in the Bill.

The analysis is presented below in the Key Findings section. The findings are based on stakeholder engagement and feedback, desk-based research and analysis of the responses to the New Deal for Tenants: Draft Rented Sector Strategy, the Landlord and Tenant Engagement Questionnaire and subsequent engagement discussion groups.

The EQIA is an ongoing process, and therefore will continually be amended as new evidence comes to light. We will continue to engage with our stakeholders and will regularly review the EQIA record and results following the data review and subsequent analyses.

This measure is intended to strengthen the protection for all social and private tenants going through the eviction process in the Tribunal or Court. Our assessment indicates the impact of this policy measure as neutral in relation to the elimination of discrimination, advancement of equality of opportunity, and fostering good relations for those with protected characteristics. However, active consideration of whether there should be a delay to the enforcement of an eviction order or decree may be particularly beneficial for certain equality groups including disabled tenants, young people or those with children who find themselves being evicted and may find it more difficult to find suitable alternative accommodation or be more likely to be affected by seasonal pressures or events.