Landlord Update: Coronavirus (Scotland) Bill
This week, an emergency Coronavirus (Scotland) Bill has been passed which affects evictions from now until at least September 2020.
We have provided the key points on the Bill below, since it has a significant impact on any Landlord attempts to recover possession of their property from now, regardless of the circumstances.
All grounds for possession during the period the legislation is in force will be discretionary; there are no longer any mandatory grounds. As such, not only will landlords have to establish the ground exists, but they will also have to establish that the granting of an eviction or possession order is reasonable in the particular circumstances.
Notice periods have been altered by this bill for landlords giving notice to tenants. It remains unaltered for tenants giving notice to landlords.
The vast majority of leases are now a PRT (for any tenancy started from 1 December 2017). We have highlighted the most common reasons for giving notice, for ease of reference:
|28 days||in cases where a tenant is no longer occupying the property|
|3 months||landlord or family member of landlord wants to live in the property, criminal or antisocial behaviour of tenant, or association with someone guilty of criminal behaviour or anti-social behaviour and for cases where a landlord ceases to be registered or HMO licence is revoked|
|6 months||rent arrears, landlord wants to sell, lender wants to sell, refurbishment, change of use, required for religious purposes, no longer employee of landlord, supported accommodation, breach of tenancy, and overcrowding notice|
For those with tenants in situ pre-December 2017 on a Short Assured Tenancy notice periods have been affected in a similar way:
|2 months||alternative accommodation|
|3 months||landlord wants to live in property or tenant antisocial behaviour|
|6 months||all other grounds. Rent arrears, landlord wants to sell, lender wants to sell, refurbishment, change of use, required for religious purposes, no longer employee of landlord, supported accommodation, breach of tenancy, and overcrowding notice. The option of issuing notice without a reason (serving a section 33 notice) is also now 6 months.|
As detailed above, these new provisions only apply to notices served after the legislation came into force. It should not affect older notices served prior to the COVID-19 outbreak.
Details of the full bill can be found via this link. https://www.parliament.scot/parliamentarybusiness/Bills/114929.aspx.
For further information or to discuss in more detail, please contact your local Rettie Lettings team.
Edinburgh Lettings: 0131 622 4160 firstname.lastname@example.org
Glasgow Lettings: 0141 248 4160 email@example.com