In response to the coronavirus crisis, Scottish Ministers recently introduced legislation which makes changes to the eviction procedure for tenancies in the private and social rented sector. These changes will apply from 7 April 2020 until 30 September 2020, however there is provision in the legislation for the end date to be changed.
Below are key points of the bill which outline the impact on any attempts to recover possession of a property, regardless of circumstance.
All grounds for possession will be discretionary for the duration of the legislation, as a result there will no longer be any mandatory grounds. Landlords will have to establish that grounds exist and produce evidence that the eviction and possession order is reasonable in each circumstance.
Furthermore, for landlords seeking possession, notice periods have been altered as part of the bill. The notice period for tenants (28 days) remains unchanged.
For Private Residential Tenancies:
- Ground 1 – landlord selling – 6 months
- Ground 4 – landlord moving in – 3 months
- Ground 5 – landlord’s family member moving in – 3 months
- Ground 10 – tenant not occupying property – 28 days
- Ground 11 – breach of tenancy terms – 6 months
- Ground 12 – tenant has owed some rent for 3 months – 6 months
- Ground 13 – criminal behaviour – 3 months
- Ground 14 – anti-social behaviour – 3 months
- Ground 15 – association with person with criminal conviction/engaged in anti-social behaviour – 3 months
- Ground 16 – landlord has been refused registration or had registration revoked – 3 months
- Ground 17 – landlord’s HMO licence has been revoked – 3 months
- All other grounds – 6 months
For those with tenancies dated pre – December 2017 on a Short Assured Tenancy:
- Ground 1 – required as or previously used as landlord’s principal home – 3 months
- Ground 8 – 3 months’ rent arrears – 6 months
- Ground 9 – suitable alternative accommodation available – 2 months
- Ground 11 – persistent delay in paying rent – 6 months
- Ground 12 – some rent unpaid – 6 months
- Ground 13 – breach of tenancy terms – 6 months
- Ground 15 – anti-social behaviour – 3 months
- All other grounds – 6 months
All new provisions only apply to notices served after legislation came into force on 7th April 2020. Notices served before this date should not be affected by the revised bill.
Full details of the bill can be found via this link:
https://www.parliament.scot/parliamentarybusiness/Bills/114929.aspx
