From: {Redacted} SG Sent: 04 May 2020 11:55 To: {Redacted} SG Cc: {Redacted} SG Subject: FW: PRS Resilience Group: Meeting Three - 30 April at 10.30am - comments from Propertymark Hi {Redacted} SG Please see {Redacted} Propertymark’s e-mail below re: your agenda item for the Resilience Group meeting on Consideration of post-Coronavirus (Scotland) Act 2020 protections. Not sure I am surprised by any of his thoughts. Is this something you want to respond to? Or do you want me to just thank him and say we will discuss further on Thursday? Cheers, {Redacted} SG From: {Redacted} Popertymark Sent: 04 May 2020 11:25 To: {Redacted} SG Subject: RE: PRS Resilience Group: Meeting Three - 30 April at 10.30am Good morning {Redacted} SG Thank you for your email. I thought I would respond to your request for comments on Consideration of post-Coronavirus (Scotland) Act 2020 protections here as I did not really wish to take up the full length of the call with our views on the topic. Unless there is another serious spike in the contagion numbers or the pandemic worsens from the time of writing, then ARLA Propertymark would strongly oppose any proposals to either continue the extended notice periods or continue with all the grounds for possession to be discretionary beyond the statutory 30th September date. It is appreciated this pandemic is a once in a lifetime (hopefully) matter and the measures introduced by the UK and Scottish Government’s, all relatively hastily, to protect people’s livelihoods and homes must be applauded. To this extent ARLA Propertymark were supportive on the initial changes introduced by the Coronavirus (Scotland) Act 2020 to the private rented sector. The support was offered on the understanding that there would be a review on how the changes were taking affect and how the country in the whole is managing the pandemic. From conversations with our members we are not aware of any extraordinary issues that would currently require the regulations to remain in force. Unless there has been a particular mischief that is being committed linked to COVID-19 or there is an abundance of evidence the Scottish Government can provide that justifies any continuation of the provisions and these measures are appropriate to control it, talk at this time of looking to extend any of the provisions appears to be an emotional response to a perceived problem that nobody can actually prove exists. If you consider the grounds the provisions affect 1) Abandonment – there is frustration already that this is considered discretionary. 2) Landlord wants to sell – effectively forcing a landlord to remain in the sector against their will. The current conditions are affecting many financially and potentially landlords, will have suffered and should not be prejudiced any longer from recovering their property. 3) Landlord wants to live in the property – a property owner should be entitled to recovery of their property should they wish to live in it. It should not be the decision of a tribunal to decide whose interests are best served by granting an order or not. It fundamentally alters the nature of a property right, which is that the owner of that property should, within reason, be entitled to use it as they wish. 4) Rent Arrears for 3 consecutive months – with rent being due in advance it means 4 months actual rent arrears before serving notice on a tenant and then there are the associated delays in getting through the tribunal. If the progress is smooth, then it is still approx. another 4 months before eviction. All in all, that is the possibility of 9 months’ rent free for a tenant. If it remains discretionary and after serving a Notice to Leave at a hearing where the arrears are admitted but the tenant complains that because they may have had symptoms of Covid-19, there is no eviction. This does not in any way fairly balance the parties competing interest. The tenants would effectively be given a right to remain in a property rent free for an indefinite period and a landlord who just wants to be paid a fair rent for the property someone else is living in. Progressing with the proposals pushes the balance way too far in favour of the tenant and the system is already stacked against the landlord. The mandatory grounds were set up in the first place to try and ensure there were robust processes for recovery in place to encourage investment into the sector. The point of that was to try and find a balance between what was acknowledged as an increase in tenure for tenants and a landlord’s ability to get a property back in certain circumstances. Announcing any continuation of the measures has the potential to alienate landlords and future investors particularly. There should always be balance and landlords’ actions and circumstances should also be considered before actions are taken. During this time there have been many examples of:  landlords being sympathetic with their tenant’s circumstances and agreeing and accepting to reduced rents.  Tenants who have simply vacated the property and left their belongings, however due to travel restrictions are unable to collect with landlords having to store storing these in their property free of charge  Landlords losing their employment overseas and attempting, unsuccessfully so far, to recover their own property to live in on returning to the Country Overall, without the compelling evidence there is a requirement to continue with the measures post 30th September it seems premature to consider this action. Kind regards {Redacted} SG {Redacted} SG Arbon House, 6 Tournament Court Edgehill Drive, Warwick CV34 6LG Keep up to date with the latest guidance for property agents: arla.co.uk/members naea.co.uk/members nava.org.uk/members Consumer advice and guides from Propertymark Propertymark Ltd trading as Propertymark Registered in England and Wales No. 897907 Registered office: Arbon House, 6 Tournament Court, Edgehill Drive, Warwick, CV34 6LG The information in this message is confidential and may be legally privileged. It is intended solely for the addre ssee. Access to this message by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, or distribution of the message, or any action or o mission taken by you in reliance on it, is prohibited and may be unlawful. Any views or opinions expressed in this message are solely that of the individual and not of The C ompany. Please immediately contact the sender if you have received this message in error. Thank you. From: {Redacted} SG Sent: 30 April 2020 17:54 To: {Redacted} SG; Redacted} SAL; {Redacted} Glasgow city Council ; {Redacted} Dundee City Council; {Redacted} Propertymark; {Redacted} Shelter {Redacted} CAS; {Redacted} Alacho: {Redacted} COSLA CC: {Redacted} SG Subject: RE: PRS Resilience Group: Meeting Three - 30 April at 10.30am Dear all, Further to {Redacted} SG’s e-mail below just a couple of very short updates to let you know what we had in mind to discuss today and that we can get to next week on our re-arranged call.  Covid-19: A Framework for Decision Making: Considering pathways back to functionality for the housing services sector: Please see {Redacted} SGdraft paper sent separately. Please let {Redacted} SG have any comments by the end of next week.  Update on the Landlord Support Fund: We anticipate that the PRS Landlord Emergency loan will open for applications next week. We will let Resilience Group members know when we update Coronavirus (COVID-19) guidance for private landlords and letting agents to include the link to the loan application website and the details of the dedicated email address for any enquiries.  Consideration of post-Coronavirus (Scotland) Act 2020 protections The current provisions under the 2020 Act are due to expire on 30 September 2020 unless extended. As you know we are already thinking about the pathways back to functionality for the housing sector in general and circulated some initial thoughts for comment earlier today. As part of this work we will need to consider what arrangements maybe required in relation to the transition from the extended notice to leave periods that currently apply to the pre-Covid requirements and procedures. One potential option we are exploring is continuing the discretion provided to the First-tier Tribunal for Scotland (Housing and Property Chamber) in determining whether to grant and eviction order for longer e.g. after the extended notice periods end. I’d be grateful for your views on this and any other potential options for managing transition.  PRS Resilience Group Action Log and Emerging Issues: Please see the attached paper which updates the group on the number of landlord registrations (the final point on the action log for today’s meeting).  Stakeholder Issues/Concerns To note that the landlord and letting agent guidance page was updated this week to provide further advice around the evictions process: https://www.gov.scot/publications/coronavirus-covid-19-landlord-and-letting-agentfaqs/ Look forward to discussing next week. Kind regards, {Redacted} SG From: {Redacted} SG Sent: 30 April 2020 11:33 To: {Redacted} SG; Redacted} SAL; {Redacted} Glasgow city Council ; {Redacted} Dundee City Council; {Redacted} Propertymark; {Redacted} Shelter {Redacted} CAS; {Redacted} Alacho: {Redacted} COSLA CC: {Redacted} SG Subject: RE: PRS Resilience Group: Meeting Three - 30 April at 10.30am Dear all As you have probably gathered, it hasn’t been possible to find another conference call line at short notice. Sorry that the technology let us down on this occasion. We will provide a written up date on the various agenda items as soon as we can, however, in relation to the first agenda item - Covid-19: A Framework for Decision Making: Considering pathways back to functionality for the housing services sector please find attached a draft paper that Catriona has developed with some initial thoughts, which she would be grateful for your comments on by end of next week. File: Framework for Decision Making - Housing Sector thoughts.docx We will look to arrange another call next week, so can also discuss then. Please get in touch if there was a particular issue wanted to raise at the meeting or you’d like added to next week’s agenda. Apologies again. {Redacted} SG {Redacted} SG Head of Private Rented Sector Team Scottish Government Better Homes Division Private Rented Sector Policy Team 2H North, Victoria Quay, Edinburgh, EH6 6QQ {Redacted} SG Practical guides if you’re renting or letting a property in Scotland – https://rentingscotland.org/ Guide for first-time tenants - https://young.scot/campaigns/national/new-digs From: {Redacted} SG Sent: 29 April 2020 15:48 To: {Redacted} SG; Redacted} SAL; {Redacted} Glasgow city Council ; {Redacted} Dundee City Council; {Redacted} Propertymark; {Redacted} Shelter {Redacted} CAS; {Redacted} Alacho: {Redacted} COSLA CC: {Redacted} SG Subject: PRS Resilience Group: Meeting Three - 30 April at 10.30am Dear All, The third meeting of the PRS Resilience Group is due to take place tomorrow (30 April) at 10.30am, where we hope to cover the following agenda items (if you would like to add anything to the agenda, please do let me know):      Covid-19: A Framework for Decision Making: Considering pathways back to functionality for the housing services sector Update on the Landlord Support Fund Consideration of post-Coronavirus (Scotland) Act 2020 protections PRS Resilience Group Action Log and Emerging Issues Stakeholder Issues/Concerns Please also find attached a note of the last meeting and the latest Action Log/Emerging Issues document for the group: Finally, a reminder of the dial in details for the conference call can be found below: {Redacted} SG Regards, {Redacted} SG Housing and Social Justice Directorate The Scottish Government Telephone: {Redacted} SG