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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.

Positively, the period of the ban will not apply for the purposes of calculating the 6 month period for enforcing rent arrears Decrees.  This means the ban has no impact on the 6 month period you are given and you can still instruct eviction after the ban is lifted.

If your Decree is granted based on ASB or a conviction then you can proceed with eviction now.

In addition, despite the lock down, courts remain open remotely and you can still progress cases for eviction on all grounds without delay. The court is allowing cases concerning convictions and ASB to proceed on an urgent basis to ensure that these can be tackled quickly during this lock down.

We continue to offer clients training on how to cope with Covid 19 and the changes it has brought about to working practices, so please get in touch if you require training or advice.

 

Written by : Catherine McQuarrie