Editor's note: This brief was summarised by The Property AI Newsroom from a report by The Negotiator. Read the original article for full details.
Scottish Landlords Face Up to Year-Long Waits for Repossession Orders
Landlords in Scotland are experiencing waits of up to a year to regain possession of their properties through the housing tribunal, according to legal experts. Litigation specialists at Aberdein Considine report that landlords they represent typically wait between eight and twelve months from applying for an eviction order to receiving a tribunal hearing.
Legal costs for these cases can reach around £10,000 before resolution. Elaine Elder, Dispute Resolution Partner at Aberdein Considine, has highlighted that these delays, combined with increasing regulation and rising costs, are prompting many landlords to consider selling their properties rather than remaining in the private rented sector.
The financial pressure on landlords is significant, as they must continue to cover mortgage payments, insurance, maintenance costs, and legal fees without rental income during the lengthy tribunal process. Many affected landlords are not large-scale investors but individuals with one or two properties, often relying on rental income for retirement planning or long-term financial security.
An Aberdein Considine client described the tribunal process as “extremely frustrating” after spending months trying to recover possession of a two-bedroom flat in Glasgow, even after the tenant had secured alternative council accommodation.
John Blackwood, Chief Executive of the Scottish Association of Landlords, stated that the delays are having a direct impact on Scotland’s private rented sector. He noted that the average time from application to decision is now over eight months, compared to three months in 2019, and that these delays can seriously affect landlords’ businesses and the supply of rented property.
Scotland has had a ban on no-fault evictions since 2017, requiring landlords to provide a valid reason for repossession through the courts. The Negotiator notes that this serves as a warning for landlords in England, where similar changes to eviction rules were introduced in May.
Source: The Negotiator