Shelter urges Swinney to step in amid Edinburgh unlawful homelessness rights row

Shelter Scotland is demanded Edinburgh City Council provides accommodation for homeless households.

A leading charity has called on John Swinney to intervene in what they fear is an “unprecedented move” by council chiefs to lobby SNP ministers to water down legal housing rights.

Shelter Scotland has penned a letter to the First Minister and the Scottish Housing Regulator, raising concerns that Edinburgh City Council has chosen to “effectively strip people of their housing rights”.

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Alison Watson, director of Shelter Scotland.  Photo Phil Wilkinson.Alison Watson, director of Shelter Scotland.  Photo Phil Wilkinson.
Alison Watson, director of Shelter Scotland. Photo Phil Wilkinson.

Concerns have been raised about cases of homeless households being placed in unlicensed HMO properties as a substitute for temporary accommodation - a move that is unlawful.

The charity has pointed to a letter sent by the council leadership to the Scottish Government last month Shelter claims “requested permission to suspend people’s vital housing rights until March 2028”.

Shelter has warned that decision, coupled with an initial proposal by council officers to lobby for the suspension of rights, that has led the charity losing confidence in the decision-making of the council leadership.

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In a letter to the council’s interim director of place, Gareth Barwell, seen by The Scotsman, Shelter Scotland director Alison Watson, states her charity does “not believe that the council appreciates the gravity or consequences of their ongoing efforts to suspend people’s legal rights to a safe home”.

The row centres around the city council using unlicensed HMO properties to house some of the capital’s homeless households, with the charity accusing the authority of pleading with SNP ministers for the right to adequate housing, through the provision of suitable temporary and permanent housing, to be removed.

Speaking to The Scotsman, Ms Watson said: “Shelter Scotland are deeply concerned about this unprecedented move by the local authority.

“They are saying that they’re striving to consistently enforce people’s housing rights but they are lobbying the Scottish Government to remove and downgrade those progressive housing rights.”

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She added: “This is about making a move to reduce standards and remove safeguards.

This is about the harm that will be done to very vulnerable people - some of the most vulnerable people here in the capital.

“Shelter Scotland can’t stand by and watch housing rights that were hard-won being cast aside.”

Ms Watson insisted Shelter has been working alongside council efforts to reduce homelessness, adding: “That’s why this move is so unprecedented for us. We don’t get it.”

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She said: “Why are we saying that we are doing so much to progress housing rights and then lobbying the Scottish Government and saying can we just catch a break on those rights.

“Our particular concern is they are seeking to suspend these rights for another two years. We don’t understand that timeline.”

Ms Watson added: “We think it’s only appropriate for the First Minister and specifically the Scottish housing regulator look at their homelessness strategy, looks at their housing emergency action plan and why are they choosing to suspend these rights and they are they seeking to suspend those rights for that length of time when they know it will do harm to vulnerable people.”

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Ms Watson has appealed for Mr Swinney to “resist this call” for housing rights to be removed and insisted that “our housing rights are sacrosanct and they stand up”.

She added: “It’s about making sure that we can consistently enforce those rights and downgrading those rights is not an option.”

Depute Leader Mandy Watt said: “Shelter welcomed the introduction of our housing emergency action plan, which includes extensive plans to improve our housing service and clearly sets out the challenges that we face in Edinburgh, so I’m extremely concerned to see their calls for a review into the service.

“Officers will continue to seek to work with the charity to resolve the housing emergency as soon as possible. I strongly believe we’re better served working together, whilst taking every step we can to provide a suitable, safe, and affordable place to call home for everyone who needs it.”

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SNP housing minister ​Paul McLennan (Picture: Jeff J Mitchell/Getty Images)SNP housing minister ​Paul McLennan (Picture: Jeff J Mitchell/Getty Images)
SNP housing minister ​Paul McLennan (Picture: Jeff J Mitchell/Getty Images)

SNP housing minister, Paul McLennan, said: “I have met with City of Edinburgh Council to understand the council’s plan to reduce reliance on unlicensed HMOs and how the Scottish Government can best support this transition so that it can continue to meet its statutory duties to homeless households.

“This includes providing flexibility in more than £14 million of additional funding to support acquisitions and help bring more void properties back into use.”

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