A CAMPAIGN has been started by Living Rent in Leith to urge the City of Edinburgh Council to crack down on rogue landlords breaching housing and tenancy law.
A report completed by the Scottish tenants and community union found that the powers available to Edinburgh Council to penalise landlords in breach of regulations are being underutilised.
Living Rent claim that there is a large gap between legislation and enforcement, with an expansive range of measures being possessed by the council, but without much meaningful enforcement.
The report begins: “Edinburgh is in the midst of a housing emergency, and as the home to Scotland’s largest private rented sector, it is the city’s tenants that are on the frontline of that emergency.
A report completed by the Scottish tenants and community union found that the range of powers available to Edinburgh Council to penalise landlords in breach of regulations are being underutilised (C) Living Rent
“Local authorities in Scotland have wide-ranging and extensive powers, tools and obligations to enforce standards in the private rented sector.
But they complain that “the council is not routinely using its powers to remove landlords from the register to enforce higher standards in the private rented sector”.
The report describes a number of case studies which emphasise the way they say the council is “systematically neglecting its duty”.
In May this year, a contract for homeless housing worth £8m was awarded by Edinburgh Council to a landlord convicted of running unregistered lets and unlicenced HMOs.
In another sensational case, a convicted sex offender was allowed to operate as a registered landlord for five months as he did not disclose his conviction while applying.
The council continues to fund unlicenced HMOs, which place tenants at risk of substandard living conditions, safety hazards, and a lack of legal protections.
In a statement, living rent claim that only 44 rent penalty notices (RPN) were issued despite reports of 2,880 unregistered landlords – illegal landlords not on the register who can operate outside of legal restrictions.
Living Rent protested outside the Edinburgh City Chambers on 7 August (C) Living Rent
Living Rent are “calling on the council to ban landlords from council procurement contracts”.
“This comes as in May this year, the council awarded an £8m homeless housing contract to William Lennie, a landlord convicted in 2010 of letting unregistered properties.
“Clamping down on unregistered landlords has the potential to generate much needed potential revenue for local services, whilst ensuring tenants are protected.
“Living Rent members argue that living in unregistered lets exposes tenants to illegal rent increases and evictions, as well as homes which are in a state of disrepair, and that the council?s lax attitude to enforcement has emboldened and in some instances incentivised some landlords to avoid registration.”
Marina Doholici, a Living Rent member, said: “Edinburgh is home to Scotland?s biggest private rented sector, and the situation for Edinburgh?s renters is dire.
“Poor-quality housing and unaffordable rents have pushed many tenants to the brink.
“At the same time, the council’s inaction on enforcement has sent a clear message to landlords: that compliance is effectively optional.”
The new campaign started in the wake of this report outlined a range of measures for Edinburgh Council to bring in.
These include dramatically increasing the resourcing for enforcement, being more proactive in enforcement and being more transparent in its approach.
Housing, Homelessness and Fair Work Convener Lezley Marion Cameron said: “Edinburgh has the fastest growing population and the largest private rented sector in Scotland, which accounts for 23% of homes here.
“Edinburgh also has the highest costs of private rented housing in Scotland. We are now 21 months on from becoming the first city in Scotland to declare a housing emergency due to significant pressures on the city’s housing market.
“The Council’s approach to enforcement within the private rented sector is a key part of protecting Edinburgh’s residents, which is reflected in our new Local Housing Strategy, and demonstrated by the doubling of private rented sector enforcement resources following the introduction of the Short Term Let licensing regime.
“On 8 August the Council’s Regulatory Committee agreed to increase its scrutiny of enforcement activities and explore approaches in other authorities to make sure we develop and utilise best practice and legislative developments, including preparing for the implementation of the Housing (Scotland) Bill.”
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