Unlawful eviction damages: equality impact assessment

Key Findings - Tenants

The rented sector is home to around 959,000 households, 618,000 of which live in the social rented sector and 341,000 in the private rented sector^[15].

The Citizens Advice Scotland (CAS) summary report Illegal Eviction: Experiences of CAS clients in Scotland^[16] has key findings and detailed data that is helpful in understanding different people who report being illegally evicted and seek advice from CAS.

A key finding from the report was that advice on harassment and illegal eviction was a persistent, if small, proportion of all housing advice CAS also reported. In Quarter 3 of 2022-23 nearly 400 people asked for advice for arrears or harassment/illegal eviction.

While the CAS report can only speak to the profile of those who interact with their service, it provides a strong indication that people in the most deprived incomes are much more likely to seek advice. It is also known that certain groups with protected characteristics are also more likely to fall into the lower income bracket - tenants from ethnic minorities and single parents in particular.

There is also some limited data in the CAS report on evictions by gender, other than this there is no available data on the protected characteristics profile of tenants or individual private landlords who are the subject of an illegal or unlawful eviction. We have therefore considered the available evidence in relation to each of the protected characteristics to inform our assessment.

A CaCHE/Joseph Rowntree Foundation survey^[17] of 1,012 private renters in Scotland found that disputes with landlords and raising an issue as a dispute with the Tribunalwas in the minority for renters (2%). They advise that it would be worthwhile to examine knowledge of the Tribunal in the future stages of their research project to develop an understanding of whether renters are aware of the Tribunal and what could be done to empower them to utilise this.

In addition, RentBetter^[18] research suggests that tenant awareness of the Tribunal system is low and can be intimidating, particularly for low income tenants. Targeted awareness raising and support should therefore be considered in implementation of the measures to address these findings.

Age

According to the Scottish Surveys Core Questions 2022^[19], 25.5% of those living in the private rented sector are 16-24, 35.3% are 25-34, 15.5% are 35-44, 10% are 45-54, 6.8% are aged 55-64, and 6.9% are 65 and above. In the social sector, 11.8% are 16-24, 18.4% are 25-34, 16.3% are 35-44, 15.8% are 45-54, 17% are aged 55-64, and 20.8% are 65 and above.

The Scottish Surveys Core Questions 2022^[20] also shows that those in private rented accommodation are more likely to be aged 16-34 compared to other tenures^[21], and there is evidence from previous studies to suggest that in some cases this may be because residents in this age group are unable to afford to access other tenures of housing such as home ownership^[22].

Scottish Government data on Poverty and Income Inequality in Scotland^[23] shows that in the last 15 years, the youngest households (household heads aged 16-24) have been consistently more likely to be in relative poverty compared to older households. In the period 2020-23, 39% of people in households with household heads aged 16-24 were in relative poverty after housing. In comparison, the age groups 25-34, 35-44, 45-54 and 55-64 all had lower poverty rates between 17% and 23%.

According to the UK-wide National Student Accommodation Strategy 2023^[24], 46% of students rent from a private landlord which means that almost half of the student population relies on the PRS sector for accommodation. Evidence also suggests that the majority of students in Scotland are young people under the age of 25. In 2021-22, 40% of people at university full-time were aged 20 or under, while 55% of full-time students studying a first degree were aged 20 or under. Amongst all full-time students in Scotland, a further 35% were aged 21-24 years and 13% were aged 25-29 years. When it comes to the proportion of Scottish-domiciled students, 48% of people at university full time were 20 years or under; 29% of people were 21-24 years; 10% were aged 25-29 and 13% were aged 30 years and over^[25].

Evidence from a survey of tenants conducted as part of the RentBetter project^[26] found that those who reported having less confidence to raise a dispute with their landlord tended to be those with less financial power, including those on lower incomes and in part-time work, or younger, inexperienced renters.

We know that households with children are at higher risk of experiencing poverty^[27]. Households living in poverty will have less disposable income and more likely to spend a higher proportion of their monthly budget on housing costs.

Results from a survey of PRS renters’ experiences in 2022^[28] suggest that higher proportions of renters living in a household with children may worry about being able to afford rent, may find it difficult to afford their current rent, and may report that they regularly cut spending on household essentials in order to pay their rent, in comparison to households without children.

According to data from the Scottish Surveys Core Questions 2022^[29], 13.7% of those in the PRS are aged 55 or over. A recent report by Independent Age^[30] included a YouGov Survey which aimed at understanding the experiences of older private renters in Scotland. It found that, of their respondents, a third (34%) have felt anxious about paying their rent, and 61% reported experiencing a rent increase in the last year.

According to a survey undertaken by YouGov for Independent Age in 2023^[31] found that 50% of private renters aged 65 and over reported worry about eviction despite the current protections.

The Independent Age report^[32] also found that 21% of older renters surveyed reported that they do not know anything about their rights, with a further 36% saying they are unsure. This supports findings from earlier research, RentBetter^[33], which showed a low awareness of rights among all tenants.

Based on the information available, the impact of changes to the way in which damages for unlawful eviction are calculated on the three elements of the public sector equality duty is assessed as neutral in regards to age. The reforms to unlawful eviction damages will be beneficial for all but might particularly benefit to younger people and families who may be more vulnerable to an illegal eviction connected to having less financial power, and least able to afford the valuation under the current system.

Disability

According to the Scottish Surveys Core Questions 2022^[34], the proportion of adults in social rented properties who have limiting long-term physical or mental health conditions was higher than those in all other tenure types (46% in the social rented sector compared to 15.9% of those who own their home with a mortgage). The proportion of adults in the private rented sector who have a limiting long-term physical or mental health condition was and 23.2%.

According to evidence compiled from multiple sources for a 2022 Scottish Government analytical paper^[35] on the cost of living:

“[h]ouseholds with one or more disabled people are more likely to be in poverty. 23% of people in households with a disabled household member were in relative poverty after housing costs in the period 2017-20, compared to 17% of people with no disabled household members. The percentage of net income spent on housing, fuel and food is higher for households with a disabled household head. Food insecurity is also more common among adults with a limiting longstanding illness (18%). Disabled people often use more energy, as many need to keep heating on for medical reasons, or use electricity to charge essential equipment such as mobility aids. Many disabled people have needs which mean that economising on energy can bring severe hardship.”

Results from a study of PRS renters’ experiences published in 2022^[36] suggested that a higher proportion of respondents with a disability or long-term health condition reported finding it more difficult to afford their current rent, and higher proportions were worried about being able to afford their rent and/or other essentials than those without a disability or long-term health condition.

The CaCHE/JRF survey^[37] of 1,012 private renters in Scotland found that just over a quarter of renters (26%) who do not have a disability or long-term health condition find it difficult to afford their current rent, rising to 40% for those renters with a disability or long-term health condition.

Based on the information available, the impact of changes to the way in which damages for unlawful eviction are calculated on the three elements of the public sector equality duty is assessed as neutral in regards to disability. The reforms to unlawful eviction damages will be beneficial for all but might particularly benefit disabled people by removing the need for a costly professional valuation.

While there is no information relating to disability for those tenants who have suffered an unlawful eviction, to advance equality of opportunity any guidance on the new rights or existing legislation should use more straightforward language, explanations, concepts and include images as well as text.

Sex (including Pregnancy and Maternity)

According to the Scottish Core Questions 2022^[38], an estimated 50.2% of those in the PRS are women. Women earn less on average than men^[39], are less likely to be paid the Living Wage^[40] and are more likely to not be working due to looking after children or home^[41]. This may lead to women having a lower independent income. Whilst there may be income pooling within a couple with a high-income and low-income earner, there will be an unequal reliance on the sharing of income to maintain their standard of living^[42].

The Wealth in Scotland^[43] report also shows that women are less likely to own property than men^[44], and lone parents (of whom 92% in Scotland are women) and working aged women with no children are the least likely groups to own any property.

The previously mentioned 2022 CaCHE/JRF survey^[45] of 1,012 private renters in Scotland found that a higher proportion of women reported worry about affording other essentials in comparison to male renters^[46].

Whilst a precise gender breakdown is not available for other household types on Housing Benefit or for households receiving the housing element of Universal Credit, the available data suggests that it is likely that women in Scotland are overall more likely to be in receipt of Housing Benefit or the housing element of Universal Credit than men^[47].

Evidence suggests that there are some types of households with children who are at a higher risk of being in poverty. These include households with single parents, those with three or more children, households with a disabled person/child, of a minority ethnic background, those with a child under one, or households where the mother is aged under 25. Taking together, these groups represent 90% of households with children in poverty^[48].

Over recent years, evidence shows that households with children under one are at a heightened risk of poverty, and that families with a new child are more likely to enter poverty, even when controlling for other factors^[49]. Evidence from a recent focus report on poverty and households with babies^[50] suggests that new mothers found Universal Credit payments helped to relieve housing costs by covering their rent, however most of the interviewees were in social housing and it was suggested that private rented accommodation is unaffordable. Many within the study mentioned that having a baby prompted a change in housing; often moving out of pre-pregnancy housing to avoid overcrowding. While rental costs were not a prominent concern, mothers highlighted the challenges of securing homes which suit their family's needs.

The CAS illegal eviction summary report ^[51]shows that although females appear to be more likely to receive advice on eviction for arrears, the gap between females and males appeared to have narrowed before diverging again in Quarter 3 of 2022-23.

Chart 11 of the report indicates that both genders were about equally as likely to receive advice for illegal eviction at the start of 2019-20, followed by a growing split where women were increasingly more likely to get this kind of advice until around the beginning of 2022-23 when the gap narrowed again. This is notable as the illegal eviction gender ratio in 2022-23 differed from the client base ratio overall, which leans towards more women approaching for advice. CAS do not know why illegal eviction affects genders differently at times than the base gender ratio.

2022-23 homelessness data^[52] indicated that women are more likely to become homeless from the private rented sector than men. This might indicate that women may be more likely to be the subject of an eviction application than men.

Consideration of the impact of the timing of an enforcement is aimed at supporting improved outcomes for all tenants but may be particularly beneficial for women who are tenants.

The survey of PRS renters suggests that a higher proportion of female renters (41%) had experienced an issue with their landlord or letting agent than male renters (32%)^[53].

Based on the information available, the impact of changes to the way in which damages for unlawful eviction are calculated on the three elements of the public sector equality duty is assessed as neutral in regards to sex. The reforms to unlawful eviction damages will be beneficial for all but might particularly benefit women who may be less financially able to afford the professional valuation under the current process. Women may also be more likely to be subject to an illegal eviction.

Gender Reassignment

There is no information about the current experiences of transgender tenants and landlords relating to unlawful eviction and the current process for seeking civil damages.

A 2018 report by Stonewall^[54] reported one in four trans people (25%) were discriminated against when looking for a house or flat to rent or buy in the last year. The same proportion had also experienced homelessness at some point in their lives, while one in five non-binary people (20%) had experienced discrimination while looking for a new home.

Data around the prevalence and experiences of trans people in the Scottish private rental sector are limited. We do not have reliable estimates for the number of trans or non-binary people in Scotland at present, including those living specifically within the PRS. However as the next section will detail, there is evidence that other members of the LGBTI community are more likely to live in the PRS and within urban areas in Scotland.

Reported findings from a 2022 UK study of housing discrimination^[55] by Generation Rent and LGBTI homelessness organisation “akt” found that 43% of LGBTI respondents reported that they had been forced to live in unsuitable accommodation, compared with 29% of non-LGBTI participants. Insecurity and accessibility to affordable homes in the private rental market was raised as also an issue. However, limited information about the study or its underlying data were available so it is unclear as to how robust or representative these findings are.

In a published response to the recent consultation on A Human Rights Bill for Scotland^[56], the Equality Network cited (yet unpublished) data from a survey undertaken by Scottish Trans which ran from March–June 2023 and surveyed 575 trans and non-binary people from across Scotland about their experiences of housing and the cost-of-living, among other topics. The findings report experiences of discrimination by private landlords, housing insecurity, and in the case of trans respondents, the cost of living crisis causing respondents to have to make choices between necessities and gender affirming purchases. Detail of survey results and methodology were not yet available for assessment at the time of drafting so it is not possible to comment on the robustness of these findings.

The consultation response also expressed that trans people may experience an additional layer of difficulty when seeking benefits via the Department for Work and Pensions due to administrative issues arising from either not having a GRC (gender recognition certificate), or due to issues caused by current and previous details such as names no longer matching on the system. According to the UK Government’s national LGBT Survey Report (2018)^[57], only 12% of the trans men and trans women respondents who had either started or finished transitioning had obtained a GRC.

Based on the information available, the impact of changes to the way in which damages for unlawful eviction are calculated on the three elements of the public sector equality duty is assessed as neutral in regards to gender reassignment. The measures will be beneficial to all tenants who are subject to an unlawful eviction, including transgender tenants.

Sexual orientation

There is no information about the current experiences of tenants and landlords of different sexual orientations relating to unlawful eviction and the current process for seeking civil damages.

The available evidence suggests that more cis lesbian, gay and bisexual people privately rent: people living in the private rented sector are more likely to identify as either ‘lesbian, gay, bisexual or other’ (LGB) than the population as a whole: 6.9% compared to 2.9%^[58].

A 2021 report by the Scottish Government on inclusivity in rural areas^[59] which drew on multiple data sources found that there is a higher prevalence of lesbian, gay, bisexual or ‘other’ people in urban areas, which may partially reflect experiences of LGBTI people of having moved to a different area due to their experiences as LGBTI.

Poverty and income inequality analysis data suggests the poverty rate has been consistently higher for LGBTI adults compared to straight/heterosexual adults. In the period 2020-2023 it is estimated that 25% of those identifying as LGB+ were in relative poverty after housing costs, compared to 19% of straight adults^[60]. However, it should be noted that the analysis flags that there were too few LGB+ identifying adults in poverty in the sample to produce a robust estimate of their population and measurement uncertainty is quite wide for this group.

Based on the information available, the impact of changes to the way in which damages for unlawful eviction are calculated on the three elements of the public sector equality duty is assessed as neutral in regards to sexual orientation. The measures will be beneficial to all tenants who are subject to an unlawful eviction, including those of different sexual orientations.

Race

Recent data from the Scottish Surveys Core Questions 2022^[61] indicate that just over half (52.3%) of adult respondents in the private rented sector recorded their ethnicity as ‘White: Scottish’, lower than all other tenures, and 16.5% recorded their ethnicity as White: British, and 2.5% as White: Polish. 6.8% recorded their ethnicity as White 'Other'^[62] and 15.6% recorded their ethnicity as Asian^[63], figures which are both higher than other tenures. All other ethnic groups make up 6.1% of the private rented sector.

In the social rented sector, the Scottish Surveys Core Questions 2022^[64] indicate that the majority (79.6%) of adult respondents in the social rented sector recorded their ethnicity as ‘White: Scottish’, and 7.3% recorded their ethnicity as White: British, and 1.9% as White: Polish. 2.2 % recorded their ethnicity as White 'Other'^[65] and 3.2% recorded their ethnicity as Asian^[66]. All other ethnic groups make up 5.7% of the social rented sector^[67].

A 2022 Scottish Government analytical paper^[68] drawing together evidence about cost of living found that:

“[m]inority ethnic groups are significantly more likely to live in larger households^[69], to be unpaid carers and live in private rented accommodation. Minority ethnic households are also more likely to have deeper levels of poverty^[70] and so a greater proportion of their income is likely to be spent on essentials which are subject to inflation.”

As noted in a 2020 report of the Coalition for Racial Equality and Rights^[71], within Scotland, BME groups are demographically younger than white ethnic groups. According to the 2011 Census^[72], those identifying as white are most likely to be aged 45-59, whereas as BME groups are largely younger in profile (most likely to be aged 25-34) – with the exception of Caribbean or Black where it is 35-44. There is also evidence that young people may be living in the PRS due a lack of other options – in particular an inability to afford home ownership^[73], but it is unclear how this applies to black and ethnic minority communities in Scotland.

A Scottish Government evidence review of the housing needs of minority ethnic groups^[74] sought to uncover trends in housing for minority ethnic groups. The review found that multiple trends in housing for minority ethnic groups were present across the literature including those identified above. People from minority ethnic groups were more likely to be living in relative poverty after housing costs than people from the white Scottish/British group which is still the case^[75], and some ethnic groups such as ‘African’, ‘White: Polish’ and the ‘Other ethnic’ group, were much more likely to be living in some of the most deprived areas in Scotland.

The review also notes that it remains a partial view and that gaps in the data exist, given that the available evidence on the demographic and geographic profile of the population is often dated or limited in terms of sample size, and that this restricts the insight offered by the available evidence.

Research undertaken as part of the RentBetter Project in 2020^[76] found that, of the non-white minority ethnic PRS tenants in Scotland sampled, just over a third found it difficult to find a place to rent, compared to one-fifth of all tenants in the sample. For non-white minority ethnic tenants, this difficulty in finding a place to rent was more commonly attributed to affordability or being on benefits than for other tenants^[77]. This research also found that tenants from non-white minority ethnic groups were still less likely to feel confident in challenging their landlord and dealing with disputes compared to their white counterparts.

The 2021 Scottish Government evidence review^[78] noted that some families may choose to live in the PRS due to fear of discrimination or lack of culturally appropriate accommodation within the social sector, however:

“[s]ome studies presented a more complex view of over-representation in the PRS, where minority ethnic families chose to rent privately for the greater flexibility and choice it offered compared to other tenures, suggesting a more positive image of the sector (Netto & Abazie 2012; Strachan & Donoghue 2009). For some participants, the sector was seen as an attractive alternative to the social rented sector in terms of greater choice of properties and more attractive neighbourhoods for families (Netto & Abazie 2012), allowing them to live nearer to places of worship and other amenities such as halal shops and cultural centres (Netto et al. 2011)”. (page 31)

A 2023 report by Netto et al on work carried out by researchers at the Urban Institute^[79] at Heriot Watt University in partnership with Shelter Scotland^[80] and Cemvo Scotland^[81] aimed to improve this gap in evidence^[82]. This was based on a systematic evidence review, an online survey with social landlords and interviews with a small sample of 30 minority ethnic (ME) and 10 white Scottish participants on low and middle incomes from urban and rural locations with a range of ages, household compositions, tenure and employment statuses.

Findings from this report included indications that, compared to white Scottish interviewees, a different set of drivers motivated ME interviewees to seek new housing, including changes to or difficulty in securing employment, fear of and experience of racial harassment including intergenerational impacts, poor housing conditions and lack of space. The report also found that the majority (95%) of ME interviewees found their current housing unaffordable. Affordability issues led to ME interviewees living in the PRS to seek social housing. However, the 2022 Scottish Household Survey^[83] reported similar rates of difficulties in paying the mortgage or rent when comparing households where the person with the highest income was either white or minority ethnic.

The CAS report referred to previously notes in their findings that their evidence indicates that not enough people know about their rights when it comes to the difference between a legal and illegal eviction. Challenging this practice is also often difficult, especially when faced with threats to safety. This indicates that the system needs to be more robust to not only empower tenants but also empower local authorities and other bodies to take swift action against illegal eviction.

Based on the information available, the impact of changes to the way in which damages for unlawful eviction are calculated on the three elements of the public sector equality duty is assessed as neutral in regards to race. The measures will be beneficial to all tenants who are subject to an unlawful eviction, including those of from different ethnic backgrounds.

To advance equality of opportunity any guidance on the new rights or existing legislation should use a range of appropriate, accessible and inclusive means and methods, including internet and social media to maximise understanding of changes.

Religion or belief

There is no disaggregated data on the religion or belief of tenants or private landlords involved in unlawful evictions.

According to the Scottish Surveys Core Questions 2022^[84], the most common religious designation across all housing tenures is ‘no religion’. People who live in the private rented sector and social rented sector are more likely to identify as being 'Muslim' or ‘other religion’^[85] compared to those who own their homes outright and those who own their homes with a mortgage. In the period 2018-2023, Muslim adults and adults identifying as ‘other religion’ were more likely to be in relative poverty (61% and 31% respectively) than adults overall (19%) and adults belonging to the Church of Scotland (16%), after housing costs were taken into account^[86].

Based on the information available, the impact of changes to the way in which damages for unlawful eviction are calculated on the three elements of the public sector equality duty is assessed as neutral in regards to religion and belief. The measures will be beneficial to all tenants who are subject to an unlawful eviction, including those from different religions or beliefs.