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PRS Eviction Notice Periods Return to Pre-Covid Durations

PRS Eviction Notice Periods Return to Pre-Covid Durations

The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 have been published and come into force on 29 March 2022.

These regulations will bring an end to extended notice periods on 30 March 2022.

What does this mean for particular tenancies?

Private Residential Tenancies

The notice period will revert back to either 28 or 84 days depending on either the duration of the tenant’s occupation or the ground relied upon.

Assured and Short Assured Tenancies

The notice period for service of the AT6 will be either 2 weeks or 2 months depending on the ground specified.

The Notice Period for service of the ‘no fault’ s. 33 notice will return to 2 months.  

In terms of the private rented sector, all grounds will remain discretionary whereby the Tribunal will require to consider the reasonableness of eviction in all cases.

Practical Impact

Style prescribed notices will require to be updated to reflect the reinstatement of old notice periods.    

The regulations provide where a landlord has served notice under the extended notice period the landlord cannot issue a new notice (on the same ground) with an earlier date than that specified in the existing notice.  Accordingly, landlords who have served notice on or prior to 30 March 2022 are prohibited from taking advantage of the shorter notice periods set to take effect  from 30 March 2022. 

For more information or advice, please contact our team.

Written by : Claire Mullen