1Let is delighted to hear that Scottish Government has laid legislation before the Scottish Parliament confirming its intention to allow the enhanced notice periods on grounds for eviction to expire on 29th March 2022. This means that the government’s intention is that from 30th March 2022 the notice periods for eviction will revert back to the original requirements in place prior to the pandemic.
While this is very much welcome, it is worth noting that all eviction grounds remain discretionary until at least 30th September 2022. This means that the tribunal will only issue an eviction order if it considers that it is reasonable to do so.
PRT (Private Residential Tenancy)
The notice period for all grounds is 28 days’ if the tenant has been entitled to occupy the property for 6 months or less. If the tenant has been entitled to occupy the property for more than 6 months, then the notice period is 28 days’ if using grounds 10-15 and 84 days’ if using any other grounds.
This means that, depending on the length of tenancy they revert to:
Ground 1 (Landlord wants to sell) - 28 or 84 days
Ground 4 (Landlord wants to live in property) - 28 or 84 days
Ground 5 (Family member wants to live in property) - 28 or 84 days
Ground 10 (No longer occupying) - 28 days
Ground 11 (Breach of tenancy) - 28 days
Ground 12 (Rent arrears) - 28 days
Ground 13 (Criminal Behaviour) - 28 days
Ground 14 (Anti-Social Behaviour) - 28 days
Short Assured Tenancies (SATs)
2 months’ ‘Notice to quit’ is reinstated and eviction grounds can also be used when tenants are at fault. Both are discretionary which means the tribunal considers whether it’s reasonable to end the tenancy.
Ground 1 (Landlord wants to live in property) - Two months
Grounds 8,11 & 12 (Rent Arrears) - 14 days
Ground 13 (Breach of Tenancy) - 14 days
Ground 14 (Anti-social Behaviour) - 14 days
Section 33 (SAT only) - Two months
Additionally:
- All notices served prior to 30 March 2022 will be required to stick to the notice period effective at the time of serving i.e. three or six months depending on the ground being used.
- Any notices served prior to 30 March 2022 that have yet to expire cannot be withdrawn and re-served on the basis of the same grounds to take advantage of the shorter notice periods
- If any new notices rely upon the same ground or grounds as those served prior to 30 March 2022, the new notices cannot expire prior to the earlier notices
- If a notice is served from 30 March 2022 that contains a different ground that would expire earlier than the previous notice then that notice will take precedence.
Feel free to reach out to us should you wish to discuss your individual property. As always, we are here to help and support our clients.