Landlords are waiting up to a year to regain possession of their properties through Scotland’s housing tribunal, legal experts have warned.

Litigation specialists at Aberdein Considine say landlords who they represent are typically waiting between eight and 12 months from applying for an eviction order to receiving a tribunal hearing, while legal costs can reach around £10,000 before a case is resolved.

The firm’s Dispute Resolution Partner Elaine Elder warns that delays, coupled with increasing regulation and rising costs, are driving many landlords to sell their properties rather than remain in the private rented sector.

Financial pressure

She says: “The current delays are placing enormous financial pressure on landlords who are already dealing with rising costs and increased regulation.

“Many simply cannot afford to wait close to a year while continuing to cover mortgage payments, insurance, maintenance costs and legal fees with no rental income coming in.

“Many landlords across Scotland are not large-scale investors. They are ordinary working people with one or two properties that form part of their retirement planning or long-term financial security. When they are forced to absorb months of unpaid rent alongside significant legal costs, many decide they have no option but to sell.

“That has wider consequences for the housing market because every landlord leaving the sector reduces the supply of rental accommodation at a time when demand remains extremely high.”

Landlord warning

It is a stark warning for landlords in England where section 21 notices were banned in May and a valid reason must now be provided through the courts for an eviction.

Scotland has had a similar ban in place since 2017 and there are still delays.

Delays in eviction notices can seriously impact landlords’ businesses and rental supply.”

An Aberdein Considine client and landlord described the tribunal process as “extremely frustrating” after spending months trying to recover possession of a property, – a two-bedroom flat in Glasgow – despite their tenant having already secured alternative council accommodation.

Rental impact

Scottish Association of Landlords Chief Executive John Blackwood said the delays were having a direct impact on Scotland’s private rented sector.

He says: “Delays in eviction notices can seriously impact landlords’ businesses and consequently affect the supply of rented property available at any one time.

“We have seen year-on-year increases in delays since 2019. Currently, the average time from application to a decision is over eight months, up from just three months in 2019.

“The Scottish Government should work with landlords and tenants to speed up the process so landlords can do their jobs by providing flexible and suitable homes to those who need them.”