At the end of this month, the eviction moratorium introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (‘the 2022 Act’) will come to an end. But what is the practical impact for private landlords?
Since its introduction in October 2022, the eviction moratorium has not ‘banned’ evictions. Instead, it has operated to delay the enforcement of the majority of eviction orders for six months. Eviction on certain grounds (such as anti-social behaviour or significant rent arrears) have remained enforceable in the usual timescales. Similarly, the 2022 Act has not prevented landlords serving notice on their tenants, which is generally the first step towards eviction proceedings.
Eviction should always be the last resort and of course most landlords are keen to assist tenants to sustain their tenancies where possible.
However, landlords ought to be aware of the legal processes to be followed and the associated timescales, should circumstances arise such that seeking removal of a tenant cannot be avoided.
Steps to consider
Serving Notice; depending on the tenancy type and reason possession is sought, notice periods can vary from between 2 weeks to 84 days. Landlords are advised to seek early advice to ensure eviction is sought on appropriate grounds and notice validly served.
Expiry of the Notice Period; we are often asked whether the tenant can be removed at the end of the notice period. Unfortunately, the answer is no. If a tenant fails to vacate at the end of the required notice period, the tenant cannot forcibly be removed until the landlord has obtained an Eviction Order from the First-tier Tribunal for Scotland (Housing and Property Chamber)
Tribunal Proceedings; an application seeking an eviction order can be lodged after the notice period ends. The Tribunal process has various stages and landlords can expect to wait at least 3 months from the date an application is lodged until the Tribunal first considers the case at a Case Management Discussion. If proceedings are defended, the timescales involved are likely to be extended. Further guidance on approximate timescales can be found here.
Eviction; landlords can instruct Sheriff Officers to execute eviction orders granted in their favour upon receipt of same from the Tribunal. To allow for the appeal period, orders are issued around 30 days after the decision is made. Sheriff Officers will then serve a Charge for Removing, giving the tenant a final 14 days’ notice that an eviction will be carried out.
It is important to note that expiry of the eviction moratorium on 31st March 2024 will not make it more or less difficult for landlords to obtain an eviction order. Outcomes will always depend on specific facts and circumstances. Unless further restrictions are introduced, from 1st April 2024, landlords will be able to enforce any eviction order much sooner once granted and issued by the Tribunal. Landlords who have already obtained evictions orders which were impacted by the eviction moratorium can also instruct enforcement via Sheriff Officers from 1st April 2024.
