On 6 September 2022, the First Minister 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, but could be extended.
Our Court team has received a number of queries in relation to the emergency legislation. Here are some of our most frequently asked questions:
When will the moratorium commence?
Despite the First Minister’s announcement 3 weeks ago, the emergency legislation has not yet been published. We are therefore unable to provide any definitive timings of the commencement of any moratorium. We do not at this point know whether it will apply only to certain eviction grounds or whether there will be exceptions (e.g. antisocial behaviour cases). We anticipate draft legislation will be published at the beginning of next month.
At present sheriff officers are able to enforce eviction orders which have been granted.
Can we still serve a Notice of Proceedings (NOPs) using a ground based on rent arrears?
Yes, you can still serve NOPs on grounds of rent arrears, or any other ground(s). Until such a time as the legislation is published we would suggest that RSLs proceed as they normally would and continue to complete their PARs process and issue NOPs where appropriate.
Can we still raise court actions based on rent arrears?
Yes, there is currently nothing to prevent you from raising court actions in respect of rent arrears. We are operating on the assumption that any moratorium will be similar to that imposed at certain points during the Covid-19 pandemic. Therefore, we anticipate that the moratorium will not affect the ability to raise court actions. It will simply prevent enforcement of Decrees during the period of any moratorium.
Will Orders for eviction be granted?
Orders are being granted daily in sheriff courts throughout Scotland. There is currently no ban in place to prevent RSLs from seeking Decrees for eviction, nor is there anything to prevent the relevant sheriff court from granting said Decrees.
What will happen to any Orders for eviction that have not yet been enforced?
Should RSLs fail to enforce existing Decrees before the introduction of the proposed moratorium then it would appear that they will simply require to wait until the moratorium is ended to proceed with enforcement.
What are the implications of the rent freeze?
The emergency legislation has not yet been published. Until it is published we are unable to provide any accurate guidance on its effect on the annual rent increase process leading up to 1 April. We will provide further updates to you as soon as the legislation is published.
If you have any further queries regarding evictions, please contact our team.
