PE01468: Evictions due to under occupation deductions

Housing Planning

Petitioner: Mike Dailly on behalf of Govan Law Centre Trust


Date Lodged: 15 March 2013

Calling on the Scottish Parliament to urge the Scottish Government to amend Section 16 of the Housing (Scotland) Act 2001 to prevent social landlords from using rent arrears caused by under occupation housing benefit deductions in eviction actions, and instead requiring such under occupation arrears to be pursued as an ordinary debt.

Petition History:


16 April 2013: The Committee agreed to write to the Scottish Government, COSLA, the Department for Work and Pensions and the Scottish Federation of Housing Associations. It was also agreed that the clerk would liaise with the clerk to the Welfare Reform Committee. Link to Official Report 16 April 2013 (472KB pdf)

25 June 2013: The Committee agreed to refer the petition, under Rule 15.6.2, to the Welfare Reform Committee. Link to Official Report 25 June 2013 (499KB pdf)

10 September 2013 (in private): The Welfare Reform Committee agreed to take evidence from Petitioner PE01468 Mike Dailly on behalf of Govan Law Centre Trust and from social housing landlords.

12 November 2013: The Welfare Reform Committee took evidence on the following petition- PE01468 by Mike Dailly, on Evictions due to under occupation deductions from— 

Mike Dailly, Principal Solicitor, Garry Burns, Prevention of Homelessness Caseworker, and Alistair Sharp, Prevention of Homelessness Manager/senior Coordinator, Govan Law Centre;

Jim Hayton, Policy Manager, Association of Local Authority Chief Housing Officers;

David Bookbinder, Head of Policy and Public Affairs, Chartered Institute of Housing;

David Ogilvie, Policy Manager, Scottish Federation of Housing Associations;

Councillor Harry McGuigan, Spokesperson Community Wellbeing, COSLA.

Link to Official Report 12 November 2013 (464KB pdf)

19 November 2013: The Welfare Reform Committee considered what action to take on PE01468 by Mike Dailly on behalf of the Govan Law Centre, on evictions due to under occupation deductions. The Committee disagreed (by division: For 2, Against 5, Abstentions 0) to write to the Scottish Government regarding the petition. The Committee agreed (by division: For 5, Against 2, Abstentions 0) to a proposal that, given the prospect of a Member's Bill on this proposal, the Welfare Reform Committee takes no further action on petition 01468 and closes its consideration of it.

Written Submissions:

Besides the poll tax, the last time Scotland saw such a regressive housing tax on the low paid and poor, was back in 1748 when you were taxed on the number of windows your house had. The phrase ‘day-light robbery’ was coined, and people bricked up their windows to escape it. Sadly, escaping the regressive bedroom tax won’t be so easy.

  • Where will people in homes with an ‘extra room’ go when there is insufficient capacity in the social rented sector?
  • How will people and families cope with being evicted as they will be unable to pay their rent due to the bedroom tax?
  • Where will people find the money to make up bedroom tax rent arrears - payday loans, high interest home credit or money lenders?


Why can the government arrange for more houses to be built? This would be of great assistance to the construction industry, employment and exschequer income from PAYE and NI. No, to simple an idea!

Kenneth Campbell

23:53 on 15 Mar 2013

Poor legal drafting reflects poor political thinking

Kenneth Waddell

22:22 on 15 Mar 2013

The Bedroom Tax is morally corrupt and indefensible in a civilised society!

Ken Ross

20:47 on 15 Mar 2013

Stop the bedroom Tax

James Macrae

20:47 on 15 Mar 2013

No Bedroom Tax!!!

Marie Macrae

20:45 on 15 Mar 2013

Think this is a pathetic way to shaft families whos kids wrk away in the army navy ect putting there lives on the line for our country and the goverment are just thinking of money in there own pockets its discusting! Some parents only get there kids at the weekend what are they supose to do its hard enough to survive!!!

margaret reddy

19:39 on 15 Mar 2013

A think its a disgrace no one should be made pay bedroom tax. If that's the case then people who move to the uk should pay money to stay in the uk

debbie mcmillan

18:59 on 15 Mar 2013

Enough of the savage cuts on the vulnerable from Westminster Mr Salmond.

Elizabeth McCulloch

18:56 on 15 Mar 2013

NO NO and NO

Marie johnston

18:29 on 15 Mar 2013

No Bedroom Tax!

Dai Kelland

18:20 on 15 Mar 2013

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