Prevention of evictions
The Coronavirus (Scotland) Act 2020 adjusts the law on evictions and notice periods for most repossession grounds across the private and social rented sectors. The rules increase the minimum notice period for private tenants to up to six months if there are not grounds involving antisocial or criminal behaviour, or if the landlord needs to move into the property themselves.
The Act also contains measures to temporarily change all private rented sector repossession cases going before the First-tier Tribunal (Housing and Property Chamber) to be considered on a discretionary basis.
The guidance document outlines that the aim of the Act is to ensure that tenants in the rented sector have additional protection from eviction in the current uncertainty relating to the coronavirus pandemic.
Extend the period of validity of advance notices and allow electronic communication of applications to the property registers
The guidance document explains that the provisions in the Act extend the protected period of advanced notices to allow additional time for solicitors to prepare and submit applications for registration once the property registers are reopened by the Keeper of the Registers. This will also cover advance notices which had effect while the registers have been fully or partly closed since 24 March 2020.
In order to facilitate remote submission of applications to the property registers, the Act also provides that submission to the Keeper of Registers are allowed through electronic means. Further details on the practical measures of how applications will be made under the provisions and the contingency measures currently in place can be found here.
The changes in the Act are limited for the duration of the coronavirus outbreak and will be in force until 30 September 2020. Nevertheless, Scottish Ministers have 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.
