Risk of homelessness to private tenants from Scottish housing associations' debt recovery practice

GHA's CEO, Martin Armstrong

Govan Law Centre (GLC) has raised concern over the growing practice of Scottish housing associations using 'arrestments in execution' against private sector tenants in relation to debts owed by their landlords to housing associations, generally in the association's capacity as a property factor.

GLC believes this policy will force private sector tenants to incur rent arrears, exposing them to eviction, the risk of homelessness and unnecessary detriment. Housing association officers typically refer to such arrestments as 'rent arrestments' and use them every month or four weeks, repeatedly, against individual 'innocent' private sector tenants.

GLC's Principal Solicitor has today written to Martin Armstrong, CEO of the Glasgow Housing Association (GHA) to express the law centre's concern that this policy is disproportionate, regressive, and ultimately puts innocent private sector tenants through unnecessary detriment, with the risk of homelessness. Other housing association landlords in Glasgow are using this practice against private tenants, and GLC believes the Scottish Government should intervene to examine the practice and consequences of this policy.

Lindsay Paterson, Solicitor with Govanhill Law Centre said: "We believe this policy causes unnecessary cyclical monthly detriment to innocent private sector tenants, and exposes them to unnecessary potential fines and emotional distress".

"It can be a frightening experience for our clients to have sheriff officers come to their door to serve such documents on a regular basis, and in our experience the service of schedules of arrestment is causing significant distress and inconvenience to ‘innocent’ private sector tenants".

"We hope the GHA and other social landlords will reconsider their policies here and stop using this form of diligence against 'innoncent' private sector tenants".

GLC job advert: Ayrshire Homelessness and Prevention (AHAP) Service

Glasgow's Govan Law Centre (GLC) and Ayrshire's Community Housing Advocacy Project (CHAP)are launching an exciting new project funded by the Scottish Legal Aid Board to prevent mortgage repossession across North, South and East Ayrshire.

GLC requires an experienced solicitor with good civil court and defended mortgage repossession experience; and a part-time legal clerical officer with relevant experience.

Both posts will be based in Glasgow, however the project solicitor will be required to travel to various locations in Ayrshire on a regular basis. All travel expenses will be reimbursed. Competitive salaries are offered for both posts.

Apply in writing with C.V. to Principal Solicitor, Govan Law Centre, 47 Burleigh Street, Glasgow, G51 3LB.

The closing date for posts is Friday 9th October. Both posts are funded until March 2011 by the Scottish Legal Aid Board. GLC is an Equal Opportunities employer.

Visit CHAP's website for AHAP project vacancies for a Money Advisor and Administrative Assistant, based locally.