Scottish landlords who illegally evict tenants could face up to two years in prison under proposals tabled at Holyrood by Labour.

The amendment to the country’s new housing legislation currently going through its parliament has been put forward by Labour MSP Katy Clark (pictured), who wants a crack down on property owners who often deceive tenants into vacating their homes.

Under the existing rules, landlords can only evict tenants after receiving an eviction order from a tribunal. Tenants who believe they’ve been misled can seek a ‘wrongful termination’ order. However, housing advocates say the current system lacks adequate protections and penalties.

The existing law does not give renters enough protection.”

“Illegal evictions where rogue landlords force tenants out of their homes remain widespread in Scotland,” said Clark. “The existing law does not give renters enough protection from this outrageous practice.”

Typical examples of the kinds of evictions she is referring to include landlords claiming they intend to sell a property but then re-letting it at a higher rent or failing to take steps to sell within three months after eviction.

Slum landlords

Labour‘s amendments would make it a criminal offence to mislead either the tribunal into issuing an eviction order or to hoodwink tenants into leaving. The proposed two-year prison sentence would target what Clark describes as the “worst kinds of ‘slum’ landlords who forcibly evict vulnerable and poverty-stricken tenants.”

Living Rent trade union secretary Ruaraidh Dempster supports the measure, telling the Daily Record: “Currently, the penalties given to landlords who break the rules are clearly having no impact. Being forced out of your home by your landlord is a brutal experience.”

The Scottish Government says it has already lodged its own amendment to the Housing Bill, which will increase penalties for wrongful termination and ‘will act as a greater disincentive to landlords from engaging in this unlawful behaviour.’

All proposed amendments will be considered by the Local Government, Housing and Planning Committee as the Housing (Scotland) Bill progresses through parliament.