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Foreword
The Scottish Government has been working to ensure that Scottish home owners are well protected during the current economic downturn. We have provided extra funding for debt advice; introduced new mortgage rescue schemes with increased funding; and established the Repossessions Group which produced a wide-ranging report in June. We have moved quickly to implement the report's recommendations and introduced the Home Owner and Debtor Protection (Scotland) Bill to Parliament on 1 October.
We recognise the need to balance the rights, responsibilities and interests of lenders, borrowers and tenants. While the measures in the Bill will enhance the protection for home owners, we know that tenants are still in a vulnerable position, particularly in cases where landlords who are in financial difficulty are renting out the property without the lender's consent. Being forced to move at short notice, in the event of repossession, causes considerable distress, expense and disruption to family life. Our proposals seek to alleviate this by ensuring that all tenants have a reasonable time to move, if the property they occupy is repossessed.
The introduction to Parliament of the Home Owner and Debtor Protection (Scotland) Bill provides us with the opportunity to consult on strengthening protection for tenants of landlords in financial difficulty whose properties may be repossessed. The measures would give tenants the right to have their position taken into account by the court when reaching a decision in the course of repossession proceedings.
We want to hear your views on these proposals, and I have great pleasure in inviting you to let us know what you think.
Alex Neil MSP
Minister for Housing and Communities
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