Since December 2020, the enforcement of eviction orders has been prohibited unless the order is based on the tenant’s antisocial behaviour or criminal activity. The ban applies in all areas which are within Tier 3 and Tier 4 of the Scottish “lockdown” levels.
The majority of mainland Scotland moved to Tier 2 on 17 May 2021 (except for Glasgow City and Moray) and some island communities moved to Tier 1. As such, the ban on enforcement of eviction orders was lifted from 17 May 2021.
What does this mean?
Landlords with Decrees or Tribunal Orders for eviction on grounds such as rent arrears or condition of property can now enforce these.
The eviction ban did not prevent Decrees or Orders for evictions being granted. Many landlords in both the public and private sector have obtained Decrees over the last few months but have been prevented from enforcing them. In rent arrears cases in the public sector, the period the eviction ban has been in place will be ignored when calculating the maximum period for enforcing the eviction Decree.
Sheriff Officers will be able to enforce decrees. Prior to doing so, they must serve a Charge for Removing. This formal notification gives the tenant 14 days' notice before an eviction can take place. Actual evictions will therefore not take place before early June.
Notice periods prior to action
Until 30 September 2021, the current amendments to the required notice periods will remain in place. Landlords must continue to give their tenants a period of six months’ notice before raising legal proceedings in many cases. The notice period may be shorter in certain circumstances, such as anti-social behaviour or a criminal conviction in the property.
Should you wish further information or advice, please get in touch with our team.