Landlords in Scotland are experiencing waits of up to 12 months to regain possession of their properties through the housing tribunal system, according to legal practitioners in the country.
Law firm Aberdein Considine reports that landlords are typically waiting between eight and 12 months from submitting an eviction application to receiving a tribunal hearing, with legal costs reaching approximately £10,000 before cases conclude.
Financial strain on landlords
Elaine Elder, Dispute Resolution Partner at Aberdein Considine, said the delays are creating significant financial pressure on property owners who must continue covering mortgage payments, insurance, maintenance costs and legal fees without rental income.
“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,” Elder said. “When they are forced to absorb months of unpaid rent alongside significant legal costs, many decide they have no option but to sell.”
The firm cited a case involving a two-bedroom flat in Glasgow where the landlord spent months attempting to recover possession despite the tenant having already secured alternative council accommodation.
Impact on rental supply
The Scottish Association of Landlords reported that tribunal delays have increased substantially since 2019. Chief Executive John Blackwood stated that the average time from application to decision now exceeds eight months, compared to three months in 2019.
“Delays in eviction notices can seriously impact landlords’ businesses and consequently affect the supply of rented property available at any one time,” Blackwood said. He called on the Scottish Government to work with landlords and tenants to expedite the process.
The situation in Scotland, where evictions without specified grounds have been prohibited since 2017, may indicate potential challenges for England’s rental market. Section 21 notices were banned in England in May, requiring landlords to provide valid reasons through the courts for evictions.
The reduction in landlords operating in the sector could further constrain rental property supply at a time when demand remains elevated. This follows broader challenges in the buy-to-let sector, including increased financing costs and regulatory requirements affecting landlord profitability.
The Scottish Government has not yet responded to calls for tribunal process reforms.
