Latest news with #Awaab'slaw
The Herald Scotland
20-05-2025
- Politics
- The Herald Scotland
100,000 Scots private rented homes not fit for human habitation
It is classed as a basic "condemnatory" standard, with a wider scope than the Scottish Housing Quality Standard for social housing which means that it is not reasonable to expect people to continue to live in a house that falls below it. It is all despite the fact that of the 2.7 million homes in Scotland, 23% are socially rented, aimed at individuals and families who have a limited income - against 13% that are private lets. The number of privately rented homes that are falling below the 'tolerable standard' has shot up nearly sixfold from an estimated 7,020 (4%) in 2018 to 94,770 (27%) in 2023. Meanwhile, the number of affordable social rented homes that are falling below the standard has shot up less steeply from 9,499 to 46,922. It comes as a survey by Scots tenants' rights group Living Rent found that one in three private sector tenants in Scotland were living with mould and damp in what they are describing as a "disrepair endemic". It has led campaigners to demand that new rules to combat housing disrepair across Scotland must apply to those renting privately. The Living Rent survey of hundreds of Scots renters found that nearly two thirds (64%) of respondents lived with some form of disrepair and 82% have lived in disrepair since they began taking on lets in Scotland. It has led to new concerns that proposed new laws to deal with Scottish homes that are classed as not fit for habitation - will not cover those that are privately rented. The Scottish Government has said that landlords would be forced to investigate and fix dangerous damp and mould in homes under new measures being proposed. But it has emerged that proposals so far announced are focussed on the social rented sector which comprises properties owned by councils and housing associations. Awaab IshakConcerns had been raised about a north-south divide over housing standards after the death of toddler Awaab Ishak over four years ago due to conditions at the family's Rochdale flat ushered in tough legislation forcing landlords to fix damp and mould in properties within "strict new time limits". But it will only be enforceable in England and Wales. The UK government has already committed to apply Awaab's law to privately rented homes in England and Wales in a way that is 'fair and proportionate' for tenants and landlords. A petition lodged with the Scottish Parliament urged ministers to introduce an Awaab's Law for Scotland, requiring all private and registered social landlords to investigate and remediate damp and mould within specified timeframes and to high-quality standards. Some have named the new rules as Leighton's Law after The Herald revealed the extent of sub-standard housing across the nation and how 28-year-old single mother Michelle Ure called for changes in how families like hers are dealt with in dealing with defective homes. She revealed that her two-year-old toddler Leighton's life is lucky-to-be alive due to rampant damp and mould problems in her council flat which resulted in him being at risk of choking on his vomit. READ MORE: The survey of 567 people carried out by Living Rent over January and February has shown that the overwhelming majority of respondents had outstanding repairs in their home, with most saying that their health and mental health was particularly affected by living with disrepair. The study also suggested that the most vulnerable tenants were hit the hardest by poor quality housing. It found that 38% said they had structural issues, 28% had broken appliances and 17% experienced low temperatures due to their properties' disrepair. Of those living with disrepair, 66% had a rent increase last year. Some 41.1% of tenants who had experienced disrepair earned below £20,000 per year and 16% spent at least half their wage on rent. Nearly 100,000 privately rented homes are classed as not fit for human habitation (Image: Newsquest) Most tenants have experienced disrepair at some point during their time renting in Scotland. When asked about disrepair since they started renting in Scotland, 82% said they have had disrepair in their tenancy at one point and 61.9% say they have experienced mould and damp. Half (52.7%) of tenants say they have had structural issues and 60% say they have had broken appliances. 45.8% say they have experienced low temperatures due to their housing. Living with disrepairs also severely impacts tenants' health. When asked whether disrepair had impacted their health over their time renting in Scotland, 62% of respondents said that it had impacted their physical health. And 86% said that it has impacted their mental health. According to the Marmot review exposure to poor housing conditions (including damp, cold, mould, noise) is strongly associated with poor health, both physical and mental. In particular the report points to an increase in 'respiratory conditions, cardiovascular disease and communicable disease transmission, and increased mortality' as well as 'increased stress, a reduction in a sense of empowerment and control over one's life and depression and anxiety.' Living Rent says that a Leighton's Law "can't come soon enough" to give social housing tenants "greater protection against disrepairs" such as damp and mould. However it said that the housing quality crisis is not limited to social housing and that private tenants face "the worst quality housing in Scotland". Living Rent said: "Disrepair in Scotland is endemic throughout our homes. The Scottish government has fallen asleep at the wheel and needs to be doing far more to protect tenants from chronic disrepair. "Landlords allowing tenants to live with disrepair should be seen in a similar light as employers putting their workers at risk in a work setting. Mould and damp is a health and safety issue and needs to be treated like one." The proposed new Scottish Government laws emerged after The Herald revealed more than 700,000 Scottish homes were classed as not fit for habitation. The analysis revealed that an estimated 270,000 Scottish homes are suffering with mould while 81,000 are hit by rising or penetrating damp. Campaigners believe even these numbers are underestimated and have complained about a lack of clarity in tracking the issues. The rise in 'tolerable standard' failures is believed to be primarily fuelled by amendments to Scots law which came into force in February 2022, and states that smoke, heat and carbon monoxide detectors are a requirement of private rented properties to meet the tolerable standard. It was brought in to reduce the risk of loss of life, injury, and damage to property in the event of fire. Failures have also been linked to an inability to be free from rising and penetrating damp and having unsafe electrical systems. The Scottish Government has been planning to amend the Housing (Scotland) Bill to give ministers the power to impose repair deadlines on landlords to investigate disrepair such as damp and mould and start repairs. But the proposals highlighted by the Scottish Government as housing campaigners were raising issues about damp and mould in the Scottish Parliament concentrated on dealing with the social housing sector. Registered social landlords are required to meet the Scottish Housing Quality Standard (SHQS) which requires housing to be free from rising or penetrating damp, to have satisfactory ventilation and meet minimum energy efficiency standards. And the Scottish Government has said their proposed new regulations will "build on provisions already in the Bill on strengthening tenants' rights and Scotland's existing legal protections for social tenants such as the SHQS and the Right to Repair Scheme". The Scottish Government said it would "consider" how to implement any new laws for private tenants. Living Rent's chairman Aditi Jehangir added: "Right now there is a failure of regulation and accountability for landlords. As a result, landlords are getting away with inaction and tenants are scared of raising issues for fear of eviction. With landlords able to get away with charging extortionate rents whilst their properties sit in disrepair, tenants are left powerless in a perfect storm. "The Scottish government needs to take the lack of repairs and mould and damp in the private sector as seriously as in the social sector and introduce the equivalent to Awaab's law for private tenants. "Tenants need this government to legislate to introduce clear mechanisms to ensure repairs happen, compensation for tenants and penalties for landlords if repairs are not completed in time. The responsibility for disrepair needs to be put firmly back where it belongs, at the door of the landlords." A Scottish Government spokesman said: 'We are committed to tackling disrepair in housing. The overall condition of housing in Scotland has been steadily improving over the years, driven by existing standards. 'Landlords for social or private rented homes in Scotland are required to make sure properties are free from damp, have adequate ventilation and are suitably insulated. "We have also introduced amendments to the Housing (Scotland) Bill that will broaden ministers powers to impose timeframes on social landlords to investigate disrepair, such as damp and mould, and start repairs. 'Just like the social rented sector, the Scottish Government is committed to and will consider how to implement Awaab's Law for private tenants, using existing powers, after engagement with the private rented sector.'
The Guardian
31-03-2025
- Politics
- The Guardian
Senior Tories and big landlords discuss ways to thwart renters' rights bill
Senior Tories have held private talks with big landlords about how to thwart the government's renters' rights bill, the Guardian has learned, with ideas including launching a legal challenge under human rights law. Jane Scott, the shadow housing minister, recently hosted a roundtable meeting with several of the country's largest landlords and estate agents, at which they discussed a number of ways to delay or stop the bill altogether. The ideas included challenging it in the courts and delaying it with repeated rounds of Lords amendments, according to three people in attendance. The discussions have prompted accusations of collusion between the Tories and property industry. They also give an indication of how hard the Conservatives are likely to fight the bill in its final stages, even though the party tried to pass a similar version of the proposals when it was in government. Anny Cullum, policy officer at the campaign group Acorn, said: 'The comments by Baroness Scott have confirmed what we suspected: that there is a coordinated attempt by landlords and their supporters within the Lords to frustrate the progress of the renters' rights bill.' She added: 'Unelected and unaccountable Tory peers are using underhand tactics to deliberately delay this vital legislation even more – legislation that many of them supported in its previous guise under the last government.' Polly Neate, chief executive of Shelter, said: 'England's 11 million private renters have been waiting years for genuine security and safety in their homes. With reform finally on the horizon, it's utterly disgraceful that a handful of self-interested peers are resorting to cynical delay tactics designed to slow the progress of the renters' rights bill to a crawl.' A Conservative party spokesperson said: 'The Conservatives have been warning that this bill is deeply flawed, as it will lead to a reduced supply of rental homes … As is standard practice with all legislation, the official opposition engages privately with a range of stakeholders to hear their views.' At the heart of Labour's renters' rights package is a ban on no-fault evictions, due to come into force as soon as the bill received royal assent. Other measures in the bill include preventing landlords from accepting more rent than the amount for which a property has been listed, and enacting 'Awaab's law' to force landlords to carry out essential repairs within fixed time periods. Michael Gove attempted to enact a similar set of proposals when he was housing secretary in the last government, but his bill failed to pass before the election was called. Since then, the new Tory leader, Kemi Badenoch, has hardened her party's stance against such reforms. Scott's meeting with landlords and estate agents included representatives from the property group Get Living, Dexters estate agents and the National Residential Landlord Association, among others. Get Living told the meeting they had instructed a senior barrister to examine bringing a legal challenge to the bill on human rights grounds, an initiative which Scott welcomed, according to two attenders. One said she told the meeting the legal challenge might stop the bill 'dead in its tracks'. The Scottish Association of Landlords launched a similar challenge against the Scottish government's attempts to bring in a temporary rent cap, arguing it violated the right to property as enshrined in the European convention on human rights. That challenge ultimately failed. A spokesperson for Get Living said the company wanted the bill to succeed. The spokesperson added, however: 'There is a group in the professionally managed rental sector that significantly contributes to new housing stock that are concerned about the legal issues the government faces if the bill proceeds in its current format.' Scott also told the meeting she would do everything she could to force debate on multiple amendments as a way of delaying the bill, telling those who attended she thought she could hold it up until the autumn at least. At one point, according to one attender, she complained she could not find enough statistical evidence to say landlords were leaving the market as a result of the bill. In response, attenders said they would try to find the data she was looking for. Scott also defended the Conservatives' decision not to bring in Awaab's law, saying landlords were not sufficiently well organised to be able to respond to tenants' problems within strict deadlines. One of those who attended, who said they were playing devil's advocate, wondered aloud whether landlords should not be forced to become more organised. Not all of the property groups represented were comfortable with the tone of the meeting, according to some of those who attended. Some groups believe the bill is going to become law eventually, and that it would be best to pass it quickly with modest amendments to give landlords more certainty.
The Guardian
06-02-2025
- Politics
- The Guardian
Delay to ‘Awaab's law' ‘puts lives of social housing tenants at risk'
Campaigners have criticised the government for putting lives at risk by delaying a law to make social landlords fix dangerous hazards quickly. Angela Rayner, the housing secretary, and Matthew Pennycook, her housing minister, announced on Thursday they were giving landlords in the social rented sector until 2027 before they have to start fixing all dangerous hazards within a set timeframe. The law, known as Awaab's law, is designed to prevent a repeat of the events of 2020, when two-year-old Awaab Ishak was killed by mould in a social housing flat in Rochdale. Announcing the bill's implementation, Rayner said: 'We have a moral duty to ensure tragedies like the death of Awaab Ishak never happen again. Landlords cannot be allowed to rent out dangerous homes and shamelessly put the lives of their tenants at risk. 'Our new laws will force them to fix problems quickly, so that people are safe in their homes and can be proud to live in social housing.' Shelter however said the grace period for landlords was far too long. Polly Neate, the charity's chief executive, said: 'Awaab Ishak's legacy must be that no other family has to witness poor housing conditions putting their child's life at risk. The government promised to bring in Awaab's law, forcing landlords to deal with serious hazards in social homes within clear time frames, last autumn. 'However four years after Awaab's death … today's announcement means social housing tenants will have to wait years longer for this vital protection. These delays to implementation represent a real risk to the health and safety of tenants, and puts lives at risk.' Labour promised in opposition to enact Awaab's law after it was originally proposed by the Conservatives but never passed. Rayner said last year: 'We'll clamp down on mouldy homes by bringing in Awaab's law into the social rented sector … to end the scandal of people living in unacceptable conditions.' On Thursday the government clarified the timetable for its implementation of the act. From October, social landlords will have 24 hours to make emergency repairs, including to damp and mould. Next year, they will have to make immediate repairs to a broader range of hazards, expected to include excess cold and heat, structural collapse, fire, electrical problems and hygiene hazards. Landlords will have until 2027 however until they have to begin fixing other hazards immediately, including asbestos, exposure to lead or radiation and contaminated water supplies. Officials said the timescale would 'allow the government to test and learn so that the reforms benefit social tenants and secure the lasting legacy that Awaab Ishak's family have fought so hard for'. Ministers have also promised to extend Awaab's law to the private sector, but have not given a timeline for doing so. They are also consulting on new energy efficiency standards for the private sector and legislating to require social landlords to carry out electrical safety checks at least every five years.
