The Act which has brought in the temporary measures is limited for the duration of the Coronavirus outbreak and will initially be in force until 30 September 2020, however it does provide the Scottish Ministers the power to extend the legislation for two further periods of six months. This means that the legislation could be in place for a maximum of 18 months.
Preventing evictions
The Act has adjusted the evictions process and whether it be a Private Residential Tenancy (PRT), Short Assured Tenancy or Assured Tenancy all the grounds for possession, including the Section 33 notice, are now discretionary. Not only will it have to be established the ground exists, but the granting of an eviction order in these circumstances is considered reasonable.
Notice periods
Changes to the notice periods across all tenures have also been introduced. With PRT’s varying from 28 days, three months or six months and Assured or Short Assured tenancies either being two months, three months or six months all depending on the ground of possession being used.
Model tenancy agreement
To reflect the changes to the notice periods introduced by the Act, the Scottish Government has updated the Model Tenancy Agreement. The easy read notes and supporting notes have also been updated and these versions should be issued whilst the Act is in force.
Prescribed forms
New Notice to Leave and AT6 forms reflecting the current changes have been introduced, with the Scottish Government suggesting these are the preferred choice of form to use. Propertymark advises using new forms with caution. The Act itself makes the necessary changes to the current forms, therefore, if the eviction process is being commenced during this time then it may be pertinent to serve both the old and new forms on to the tenant.
Guidance and information
Propertymark is working with the Scottish Government to make sure all their updates and guidance is regularly shared with our members and the sector. An outline of the Stakeholder guidance can be viewed here and agent and landlord guidance are on the Scottish Government website. Details of what is contained in the Coronavirus (Scotland) Act 2020 for the PRT are contained in our article Adjusting the law on evictions.
