The Coronavirus Act brought into place in 2020 as a temporary measure during the Pandemic is coming to an end as of the 29th of March 2022.
What does this mean?
From 30 March 2022 paragraphs 2, 4 and 6 to 10 of schedule 1 of the 2020 Act will end. These acts:
- modify the law on eviction notices to extend the period of grace that a landlord must allow a tenant, following the service of an eviction notice, before they can raise eviction proceedings;
- modify statutory forms of eviction notices; and
- make provision for errors in eviction notices.
To put it simply: Eviction notice periods for tenants on a Private Residential Tenancy Agreement (PRT) are going back to the standard notice period of 28 or 84 days.
Why 28 OR 84 days?
If a Tenant wishes to vacate their property, they must give their Landlord or Letting Agent a minimum of 28 days notice in writing. If the Landlord wants to terminate the Tenancy for any of the grounds below AND the Tenancy has been in place less than 6 months, the Landlord must give the Tenant a minimum of 28 days notice in writing.
If the if the Tenant has been entitled to occupy the property for more than 6 months, then the notice period is 28 days’ if using grounds 10-15 and 84 days’ if using any other grounds.
- Landlord intends to sell the property at market value within 3 months of tenant leaving
- Property is to be sold by mortgage lender
- Landlord intends to refurbish which will entail significantly disruptive works and it will be impracticable for the tenant to occupy the property during the work
- Landlord intends to occupy the property as their principal home for at least 3 months
- Family member intends to occupy the property as their principal home for at least 3 months
- Landlord intends to use property for non-residential purpose
- Property required for religious purpose
- Tenant is no longer an employee of landlord
- Tenant is no longer in need of supported accommodation
- Tenant is not occupying the property
- Tenant has breached tenancy agreement (but not rent clauses)
- Tenant has owed some rent for 3 consecutive months
- Tenant convicted of using property for immoral/illegal purpose or convicted of offence committed at/near property
- Tenant has acted in anti-social manner
- Tenant associates with someone who has a criminal conviction or who has engaged in anti-social behaviour
- Landlord has been refused registration or had registration revoked
- Landlord’s HMO licence has been revoked
- Overcrowding statutory notice has been served on the landlord
What if the tenant doesn’t leave when the notice period ends?
The Landlord then has the right to apply to The First-tier Tribunal for Scotland for an eviction order. If the application is made and/or if the Tribunal awards the eviction order to the Landlord, this will show on the Tenant’s record and potentially affect their ability to rent or purchase property in future.
If you have any questions on the process or the changes coming, please contact our office. If you are facing a notice to leave, contact your local council, Shelter Scotland, your local Citizen’s Advice Bureau, or a solicitor.
Source(s): Scottish Association of Landlords; Private Housing (Tenancies) (Scotland) Act 2016