The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 are expected to come into force 3 October 2020.
We previously blogged about the extension of notice periods introduced by the Coronavirus (Scotland) Act 2020. The link can be found here.
The purpose of these new Regulations is to reduce the extended notice periods for eviction grounds relating to antisocial behaviour and criminal convictions to 28 days in both the private and social rented sector.
The new proposed notice periods are:
- 4 weeks where the eviction ground relied upon relates to:
- Criminal convictions
- Tenant absent without reasonable excuse
- Antisocial behaviour
- 3 months Swhere the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant.
- 6 months in all other cases including rent arrears.
Application & Timeframe
These Regulations, if enacted, will only apply to notices served on or after 3 October 2020. We understand the Coronavirus (Scotland) Act 2020 and the proposed modification of those provisions will apply until 30 March 2021. However, the Act does permit Scottish Ministers to extend the provisions for a further 6 months up to 30 September 2021.
RSLs may wish to consider holding service of notices being issued bases on Criminal Conviction and Anti-social behaviour until after the 3rd October 2020 as a result of these proposed Regulations.
If you have any queries, or would like additional information, don't hesitate to get in touch with our team.
