Factsheet: The Coronavirus (Scotland) Act
In response to the coronavirus crisis, Scottish Ministers have passed legislation, the Coronavirus (Scotland) Act, which makes changes to the eviction procedure for tenancies in the private and social rented sector. Initially these changes applied during the period 7 April 2020 to 30 September 2020 but they have now been extended until 31 March 2021 and there is provision in the legislation for the end date to be changed once more to 30 September 2021 if parliament agrees to this.
**UPDATE** The provisions are extended until 31st March 2022 with a potential for further six month extension. The legislation makes all evictions discretionary and requires landlords to adhere to longer notice periods when ending a tenancy.
Please note that the changes detailed below do not apply to any evictions where the landlord served notice on the tenant before 7 April 2020.
During the period detailed above all evictions will be discretionary, which means that if the tenant doesn’t voluntarily vacate and the landlord has to apply for an eviction order at the tribunal, the tribunal may decide to exercise a reasonableness test in deciding whether to evict the tenant or not. In simple terms, this means that the tribunal will decide based on the circumstances of the case whether the tenant’s need/right to occupy the property is outweighed by the landlord’s need/right to repossess the property.
The legislation also makes changes to the notice period that the landlord is required to give the tenant.
The notice period depends on the type of tenancy and the eviction ground being used. The requirements are detailed below.
A: Private Residential Tenancies (1Let tenancies that started after 1st December 2017)
Notice – Tenant to landlord
Not less than 28 days
Notice – Landlord to Tenant
The notice period depends on the ground being used, as detailed below:
Ground 1 – landlord selling – 6 months
Ground 2 – mortgage lender selling – 6 months
Ground 3 – landlord intends to refurbish – 6 months
Ground 4 - landlord moving in – 3 months
Ground 5 – landlord’s family member moving in – 3 months
Ground 6 – change of use to non-residential purpose – 6 months
Ground 7 – religious use – 6 months
Ground 8 – tenant is no longer an employee – 6 months
Ground 9 – tenant no longer needs supported accommodation – 6 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 – 28 days (3 months during period 7 April to 2 October 2020)
Ground 14 – anti-social behaviour – 28 days (3 months during period 7 April to 2 October 2020)
Ground 15 – association with person with criminal conviction/engaged in anti-social behaviour – 28 days (3 months during period 7 April to 2 October 2020)
Ground 16 - landlord has been refused registration or had registration revoked – 3 months
Ground 17 - landlord’s HMO licence has been revoked – 3 months
Ground 18 - overcrowding statutory notice has been served on the landlord – 6 months
B: Assured/Short Assured Tenancies (1Let tenancies that started before 1st December 2017 not converted to a Private Residential Tenancy)
Notice – Tenant to landlord
Not less than 2 months
Notice – Landlord to Tenant
Ending a Short Assured Tenancy using a notice to quit and section 33 notice – 6 months’ notice must be given.
Ending an assured/short assured tenancy using an AT6 notice - the notice period depends on the ground being used, as detailed below.
Ground 1 – required as or previously used as landlord’s principal home – 3 months
Ground 2 – mortgage lender selling – 6 months
Ground 3 – off season holiday let – 6 months
Ground 4 – vacation let of student accommodation – 6 months
Ground 5 – minister or lay missionary property – 6 months
Ground 6 – re-development – 6 months
Ground 7 – tenancy inherited under a will or intestacy – 6 months
Ground 8 – 3 months’ rent arrears – 6 months
Ground 9 – suitable alternative accommodation available – 2 months
Ground 10 – tenant served notice to quit but didn’t leave – 6 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 14 – deterioration of the house or common parts – 6 months
Ground 15 – anti-social behaviour – 28 days
Ground 16 – deterioration of condition of furniture – 6 months
Ground 17 – ex-employees of the landlord – 6 months
C: 1Let properties let to a company
No change. The new legislation does not cover commercial lets.