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Covid-19 Update for Private Rented Sector Tenancies

Covid-19 Update for Private Rented Sector Tenancies

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.

New proposed notice periods for:

Private Residential Tenancies

The notice period will be:

  • 28 days where the eviction ground relied upon is:
  1. the tenant not occupying the let property as the tenant’s home
  2. that the tenant has a relevant conviction
  3. that the tenant has engaged in relevant anti-social behaviour
  4. the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour
  • 3 months where the eviction ground relied upon is:
  1. that the landlord intends to live in the let property
  2. that a member of the landlord’s family intends to live in the let property
  3. that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004
  4. an unlicenced HMO

In all other cases (including rent arrears grounds) the notice period remains extended to 6 months.

Assured and Short Assured Tenancies

The notice period will be:

  • 28 days where the eviction ground relied upon is specifies only the antisocial behavior ground.
  • 2 months where suitable accommodation will be made available to the tenant.
  • 3 months if the notice where relying on Ground 1 (landlord intends to occupy the property)

And 6 months in all other cases including rent arrears.

The Notice Period for service of the ‘no fault’ s. 33 notice will remain 6 months.

 Application & Timeframe

These Regulations, if enacted, will only apply to notices served on or after 3 October 2020. We understand the Coronavirus (Scotland) Act 2020 and the proposed modification of those provisions will apply until 30 March 2021. However, the Act does permit Scottish Ministers to extend the provisions for a further 6 months up to 30 September 2021.

For more information or advice, don't hesitate to contact our Private Rented Sector Team

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Written by : Claire Mullen