SCOPHRA has received communication from Màiri McAllan MSP, who is the current Cabinet Secretary for Housing, detailing proposed changes to the Housing Bill currently going through parliament:
‘Having considered your amendments and its implications carefully, I wish to advise you of changes we would propose to make at Stage 3. My proposed change principally centres on reinstating arbitration as an option for dispute resolution in addition to the FTT as you suggested. The arbitration route, which currently exists in the 1983 Act and is supported by stakeholders would be removed by the amendment made at Stage 2. In reinstating arbitration as an option alongside the FTT, it will also be necessary to make consequential amendments to the 1983 Act to give effect of the change introduced by this amendment, for example in relation to references to the Court in the 1983 Act.
Our engagement with stakeholders also identified some concerns around support for residents, in particular, possession claims and the support available to residents to ensure adequate representation. I therefore propose that we would, as part of implementation of the Bill, make an amendment using existing delegated powers in the Legal Aid (Scotland) Act 1986 to make legal aid available in possession claims. This would be in line with the arrangements already in place for the private rented sector.’
Summary of Proposed Changes – What does this mean for park home owners?
- Reinstating Arbitration as a Dispute Resolution Option
- The amendment at Stage 2 removed arbitration from the 1983 Act.
- At Stage 3, arbitration will be reinstated alongside the First-tier Tribunal (FTT).
- This reflects stakeholder support and maintains continuity with the original 1983 Act.
- Consequential amendments will be made to the 1983 Act, especially where it references the Court.
- Enhancing Support for Residents in Possession Claims
- Stakeholder engagement highlighted concerns about residents’ access to representation.
- Legal aid will be extended to possession claims under delegated powers in the Legal Aid (Scotland) Act 1986.
- This aligns with existing legal aid provisions for the private rented sector.
Implications
- Access to Justice: Reintroducing arbitration offers residents and landlords more flexibility in resolving disputes, potentially reducing pressure on the FTT.
- Legislative Consistency: Updating the 1983 Act ensures coherence between dispute resolution mechanisms and legal references.
- Resident Protection: Legal aid for possession claims strengthens protections for vulnerable residents, promoting fairness and equity.