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 remain unenforceable for a period of six months following the date on which the Order is granted, or until expiry of COLA, whichever is sooner.

To find out more information about what grounds are exempt from the eviction moratorium, check out our blog post here.

The rent cap also remains in place which means that landlords cannot increase the rent charge at the property by more than 3% in existing tenancies. In a very limited number of circumstances, private landlords can apply for increases of up to 6% to help cover certain increases in costs in a specified time period where these costs can be evidenced.

The increased damages for unlawful evictions of up to a maximum of 36’ months’ worth of rent also remains in place.

Should you wish further information or advice, please get in touch with our team.