On 6 September 2022, the Scottish Government announced that emergency legislation would be introduced to freeze rents and impose a temporary moratorium on evictions throughout winter in an effort to combat the cost of living crisis. The measures are expected to apply to both the Private Rented Sector (PRS) and Registered Social Landlords (RSLs) and will remain in place until 31 March 2023.

Our Court team has received a number of queries from private sector landlords in relation to the emergency legislation. Here are some of our most frequently asked questions:

When will the moratorium commence?

The emergency legislation has not yet been published. Until it is published we are unable to provide any information on the timing of the commencement of any moratorium . We do not at this point know whether it will apply only to certain eviction grounds or whether there will be exceptions (e.g antisocial behaviour cases) .  At present sheriff officers are able to enforce eviction orders which have been granted.

Can we still serve a Notice to Leave or a Notice to quit using a ground based on rent arrears?

Yes, you can still serve Notices . Until such a time as the legislation is published we would suggest that  landlords  proceed as they normally would. Private landlords should continue to complete their normal  PARs process.

Can we still raise court actions based on rent arrears?

Yes, there is currently nothing to prevent private landlords from raising Tribunal actions in respect of rent arrears. We are operating on the assumption that any  moratorium will be similar to that imposed at certain points  during  the Covid-19 pandemic. Therefore, we anticipate that the moratorium will not affect the ability to raise  Tribunal actions. It will simply prevent enforcement of orders  during the period of any moratorium.

Will Orders for eviction be granted?

Orders are being granted daily in Tribunals throughout Scotland. There is currently no ban in place to prevent landlords from seeking Orders for eviction, nor is there anything to prevent the Tribunal from granting said Orders.

What will happen to any Orders for eviction that have not yet been enforced?

Should landlords fail to enforce existing  Orders before the introduction of the proposed moratorium then it would appear that they will simply require to wait until the moratorium  is ended  to proceed with enforcement.

What are the implications of the rent freeze?

The emergency legislation has not yet been published. Until it is published we are unable to provide any accurate guidance on its effect on exiting rent increase notices. The First Minister in her statement to Parliament has indicated that  the rent freeze will apply retrospectively and will be backdated to 6 September. We await the publication  of the legislation to see how this proposal will be implemented. When the legislation is published we will endeavour to provide immediate updates to all landlords.