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Housing Scotland Magazine & Spotlight Supplement

SFHA Welcomes Curb on Out-of-Date Right to Buy Policy

The Scottish Federation of Housing Associations (SFHA) has expressed disappointment.... .. that housing associations’ current exemption from the Modernised Right-to-Buy was not extended... The Scottish Federation of Housing Associations (SFHA) has expressed disappointment that housing associations’ current exemption from the Modernised Right-to-Buy was not extended, following the passage of the Housing (Scotland) Bill by the Scottish Parliament today (Wednesday 3rd November).

 

While the Federation welcomes the end of Right-to-Buy for all new tenants and new-build properties, it said more could have been done to protect affordable rented housing.

An amendment proposed by Jim Tolson MSP during today’s Stage 3 debate would have seen another 10-year blanket exemption from the Right-to-Buy introduced when the current 10-year exemption ends in 2012.

The amendment was withdrawn following a lack of support from other MSPs.

SFHA Policy and Strategy Manager Andy Young said:

“While the SFHA welcomes the restrictions to Right to Buy included in the Bill, which will preserve vital affordable homes, we feel that the Scottish Government could and should have gone further.

“Parliament has recommended that individual housing associations and co-operatives must each apply for their own individual extension to the existing ten-year exemption. We do not think this is an efficient way to go about this, as we believe that the vast majority, if not all, of our members will be able to make a successful case to retain the properties in their rental portfolios.

“A blanket exemption would have allowed Scotland’s social landlords to focus their energies on the many other challenges facing the affordable housing sector. While we agree with the SNP’s commitment not to interfere with existing tenants’ rights, we contend that because housing associations are exempt from the Modernised Right to Buy until 2012, such tenants do not currently have any rights.”

The SFHA also welcomed the defeat of an amendment by Margo MacDonald which would have taken away a landlord’s discretion to determine what constitutes a “reasonable” repayment arrangement for rent arrears.

“We are satisfied that the Scottish Government has recognised that landlords must retain an element of discretion as to when they serve an eviction notice on a tenant. There is a tremendous amount of good practice being carried out throughout the housing association sector in relation to prevention and recovery of rent arrears - hence the 38% reduction in their eviction levels of in the past year. “Reasonableness” in respect of evicting a tenant is a tried and trusted protection in Scottish courts. To attempt to introduce it earlier in the process would have been unnecessary. Evictions are not undertaken lightly and Scotland’s housing associations and co-operatives do not serve notices in a cavalier fashion.

“It is not in the interests of a housing association or co-operative to evict a tenant without having pursued all of the alternatives. Eviction is always a last resort.”

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