Legal breaches in housing provision quadruple amid affordable homes crisis

Figures show 7,545 breaches were recorded last year, a sharp rise from 2,000 in the six-month period between April and September 2023. The first six months of 2024-25 have already seen almost as many violations (7,955) as the entire previous year.

Glasgow accounted for 84 per cent of the latest breaches, despite a 2020 inquiry by the housing regulator finding that the council had already failed in its legal obligations before the pandemic. Breaches have surged nearly five-fold in a year, from 1,355 to 6,320.

Edinburgh has seen a near-doubling of cases, from 570 to 1,015. Clackmannanshire, one of Scotland’s smallest councils, had 140 breaches in the latest six-month period, compared to just five the year before.

A total of nine out of Scotland’s 32 local authorities admitted breaking the law on at least one occasion in the most recent six-month period. Campaigners are now urging the Scottish Housing Regulator to take tougher action against councils, including legal enforcement and removal of officers to protect human rights.

The Scottish Tenants Organisation (STO) criticised both the regulator and the government’s response. It said: “This is unacceptable. The regulator is weak and insipid, and they say they cannot meet the challenge. They have legal powers but seldom do anything. The Scottish government should also ensure that there are financial penalties for those councils that don’t follow the law.”

Tenants’ rights group Living Rent echoed the concerns, saying that the regulator “needs to grow teeth and act now to protect vulnerable people.”

The regulator, established in 2011, oversees 158 registered social landlords and all 32 local authorities. Despite being funded by the Scottish government, it insists on its independence from ministerial control.

A spokesperson said: “Systemic failure requires a systemic intervention. We do not have powers to intervene at the systemic level. We will continue to monitor, assess and report on councils’ performance in discharging their duties to people who are homeless, and we will engage with councils to promote improvement where this is possible.”

Housing minister Paul McLennan defended government efforts. He said: “In 2024-25, we have targeted funding of £40 million to the local authorities with sustained temporary accommodation pressures. This takes investment in affordable housing to almost £600 million. We continue to work with the Scottish Housing Regulator and other housing stakeholders to address the acute issues in temporary and permanent accommodation for people who are homeless.”