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Eviction Ban Extension

Eviction Ban Extension

We recently sent an update to confirm that evictions were being banned until 22 January 2021 - unless your Decree was granted on ground 2 and/or 7 of the Housing (Scotland) Act 2001, as amended. This is where Decree was for Antisocial Behaviour (ASB) and/or where there was a conviction.
 
It has now been announced that the existing ban will be extended until 31 March 2021. Like the previous ban it will not apply to Decrees for eviction which are granted on the ground of ASB or a conviction.

Ban on Evictions in Scotland

Ban on Evictions in Scotland

The Scottish Government announced that between 11 December 2020 and 22 January 2021, there is to be a full ban on evictions being carried out in Scotland. The ban will last for a period of six weeks and will apply to all evictions (except in cases of anti-social behaviour relating to Ground 2, Ground 7 or Ground 8 detailed in the Schedule 2 of the Housing (Scotland) Act 2001).

What does this mean?
No evictions on other grounds can proceed during the six-week period.
 
However, where

Notice Period Update for Registered Social Landlords

Notice Period Update for Registered Social Landlords

The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 are expected to come into force 3 October 2020. 

We previously blogged about the extension of notice periods introduced by the Coronavirus (Scotland) Act 2020. The link can be found here.

The purpose of these new Regulations is to reduce the extended notice periods for eviction grounds relating to antisocial behaviour and criminal convictions to 28 days in both the private and social rented sector.

The new proposed notice periods are:

  • 4

Eviction Ban in Scotland - myth buster

Eviction Ban in Scotland - myth buster

A number of  RSL clients have been in touch with us recently to enquire whether there is a current ban on evictions in Scotland.

The extensive publicity suggesting that such a ban exists is misleading. There is no law in Scotland which prevents evictions taking place.

The most recent publicity has stemmed from the Scottish Government’s plans to consider extending the application of the extended notice periods beyond the original end date of 30 September 2020.

Currently the Coronavirus (Scotland) Act 2020 provides that our