There have been a number of recent appeal decisions from the Upper Tribunal dealing with the issue of ‘reasonableness’ when considering whether an eviction order should be granted.

In one decision, Sheriff Collins, KC, in a case where the tenant had put forward no “defence” emphasised that the granting of an eviction order is still a matter for the Tribunal’s discretion. Obtaining an order is not ‘automatic’ even in an undefended case.

He stated that  “The question of whether it is reasonable or not

At the end of this month, the eviction moratorium introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (the 2022 Act) will come to an end.  But what is the practical impact for private landlords?

Since its introduction in October 2022, the eviction moratorium has not "banned" evictions. Instead, it has operated to delay the enforcement of the majority of eviction orders for six months. Eviction on certain grounds (such as anti-social behaviour or significant rent arrears) have remained enforceable in the usual

The First Tier Tribunal for Scotland (Housing and Property Chamber) is the forum for disputes between landlords and tenants in the private rented sector. The Tribunal has the power to grant eviction and payment orders, enabling landlords to recover their properties and obtain payment of rent arrears or tenancy debts.

At TC Young Solicitors, we act solely for landlords and letting agents, providing guidance through this time consuming and complex process. We ensure from the outset that landlords have a clear outline of their options

It is not uncommon for landlords and tenants to enter various tenancy agreements in respect of the same property, especially where the tenant has been in occupation for a number of years. Both parties may well have had good intentions, but signing subsequent agreements can have unintended or unforeseen consequences.

A recent decision of the Upper Tribunal has clarified in which circumstances parties signing a new agreement will constitute renunciation of the earlier lease.

In McCallum v Wright (2023 UT 25), Mr McCallum had occupied

The Scottish Parliament has this week approved legislation to extend the Cost of Living (Tenant Protection) (Scotland) Act 2022 (COLA) for a second time, meaning the legislation now remains in place until 31st March 2024.

This blog will summarise what the latest extension means for the private rented sector.

The eviction moratorium remains in place. This means that private landlords are still able to serve notice on their tenant and raise eviction proceedings. However, enforcement of eviction orders granted by the Tribunal under specific grounds

Deadline for existing host/operator applications: 1 October 2023

 The mandatory licensing scheme for short term let properties commenced on 1 October 2022 in Scotland.

After 1 October 2022, new operators of short-term let accommodation required to have a licence before taking any bookings or receiving guests.

 Existing hosts or operators (operating before 1 October 2022) were permitted further time to apply for a licence.  However, they are only permitted to continue to accept bookings and receive guests while their application is being determined

Continuation of Rent Cap and Eviction Moratorium 

On 1st June 2023, Scottish Ministers published plans to extend the Cost of Living (Tenant Protection) (Scotland) Act 2023.  The publication can be found here Plans to extend protections for tenants - gov.scot (www.gov.scot)

Additionally, Scottish Ministers published the draft regulations which, if approved by the Scottish Parliament, will give effect to these plans by extending the eviction moratorium in both the social and private rented sector to 31st March 2024. 

The Regulations can be found here. The

Private Sector Tenancy Update

Following publication of the draft Regulations, our earlier blog discussed the expected continuation of the rent cap and eviction moratorium, which have been in place since October 2022.

Last week, the Scottish Parliament passed the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 which will take effect from 1^st April 2023.

Therefore, it is now confirmed the eviction moratorium (in both the social and private rented sector) will remain in

In 2019 the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 took effect. 

See our earlier blog: Changes to the Repairing Standard for a summary of the changes that came in to force on 1 March 2019

Further changes are set to take effect on 1 March 2024.  The following will become requirements of the Repairing Standard:

• A requirement to have safely accessible food storage and preparation space
• The heating installations will be amended to require that there is a fixed heating system
• Flats,

Scottish Ministers have published the draft regulations which will extend the eviction moratorium in both the social and private rented sector to 30 September 2023. 

The Regulations can be found here.

https://www.legislation.gov.uk/sdsi/2023/9780111056417

Landlords remain entitled to serve notice and raise eviction proceedings. The moratorium only delays the enforcement of eviction orders granted on particular grounds. There remains a number of grounds that are exempt from the moratorium. 

Rent Cap

Further, these draft Regulations extend the rent cap in the private rented sector.  From 1 April

We are often asked by clients for advice on debt recovery. Obtaining a Payment Decree from the Court (or Order for Payment from the First-tier Tribunal Housing and Property Chamber) might be the first step. Once a Decree is granted, it is a matter for the creditor to pursue the debtor until money is actually recovered.

Earnings arrestments tend to be more successful than bank arrestments, due to uncertainty as to what funds might be in the debtor’s account on any given date.

With an

The Cost of Living (Tenant Protection) (Scotland) Act 2022

The Cost of Living (Tenant Protection) (Scotland) Act 2022 introduced an eviction moratorium (applicable to the majority of eviction grounds) in addition to a rent freeze, with increases capped at 0%. These emergency provisions applied across both the social and private sector and were to be in place until at least 31^st March 2023.

Routine reporting  is a requirement of the Act to ensure Scottish Ministers consider whether the provisions remain necessary and proportionate in

The Cost of Living (Tenant Protection) (Scotland) Act was passed on 6th October 2022. It is the first Act of the Scottish Parliament to receive Royal Assent from King Charles III and became law on 28th October 2022. But what does it mean for landlords?

The Act was introduced to the Scottish Parliament as emergency legislation in order to protect tenants during the cost of living crisis. It introduces a rent freeze and eviction moratorium until at least March 2023, with potential for further extension

On 30 September 2022, the limit for pursuing sequestration was lowered from a minimum balance outstanding to the creditor(s) pursuing sequestration of £10,000 to £5,000.

As a result of the Covid-19 pandemic, the limit was originally increased to £10,000 to support those suffering financial hardship. A reduction in the limit for sequestration means that creditors can now use sequestration as a form of diligence for recovering debt of £5,000 or above.  

What is Sequestration?

Sequestration is the Scottish legal term for personal bankruptcy.

An individual

In September 2021, we blogged to advise Private Landlords that proposals to introduce a new licensing scheme for short-term lets would be laid before the Scottish Parliament.

On 19 January 2022, The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (“Licensing Order”) was passed by the Scottish Parliament. The Licensing Order came into force on 1 March 2022.

This blog will provide an update on everything we know about the Order and how it works in practice. 

What is the Licensing Order?

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

The Coronavirus (Recovery and Reform) (Scotland) Act 2022 received royal assent this month and comes into effect on 1 October 2022.  On this date certain changes introduced to the private rented sector in response to the pandemic will become permanent.

What does this mean for Private Landlords?

Reasonableness

There will be no return to mandatory grounds for eviction.  The Tribunal will require to assess whether it is reasonable to grant the order in all eviction cases. 

The pre-action protocol

The pre-action requirements, will become permanent

The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 have been published and come into force on 29th March 2022.

These regulations will bring an end to extended notice periods on 30th March 2022.

What does this mean for particular tenancies?

Private Residential Tenancies

The notice period will revert back to either 28 or 84 days depending on either the duration of the tenant’s occupation or the ground relied upon.

Assured and Short Assured Tenancies

The notice period for service of the AT6 will

Despite curfews and closures, 2020 was a busy year for licensing lawyers due to the ever changing nature of restrictions introduced to combat the Coronavirus pandemic. In February 2021, the Scottish Government  withdrew the Licensing Order in relation to short-term lets from the Scottish Parliament to allow guidance to be drafted. That has now been published and the revised Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021 (‘Licensing Order’) has been open to consultation throughout the summer. The consultation period closed on

The Coronavirus (Scotland) Act 2020 (“the 2020 Act”) contains emergency powers relating to coronavirus and health protection in Scotland. In exercising these powers the Scottish Government have introduced rules which have afforded additional protections to tenants by increasing the notice periods required before eviction action can start and banning the enforcement of eviction orders in certain circumstances.

Eviction ban update

Since December 2020, the enforcement of eviction orders has been prohibited unless the order is based on the tenant’s antisocial behaviour or criminal activity. The