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Temporary ban on enforcement of eviction orders now in place

Thursday 10 December 2020

Following the announcement on 3 December in Parliament by First Minister, Nicola Sturgeon, that there will be a temporary ban on the enforcement of eviction orders in the private and social rented sectors, the Regulations have been laid before parliament and will be effective from 11 December 2020 through to Friday 22 January 2021.

What does this mean?

The Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020 state that “No person may attend at a dwelling house for the purpose of— (a) serving a charge for removing, or (b) executing a decree for removing from heritable property.”

This means that Sheriff Officers are unable to attend a property for the purpose of serving an eviction notice or executing an eviction. 

Are there any exceptions?

There are some exceptions to the eviction ban. Where the charge is for the possession of the property based on nuisance, annoyance or conviction for using the house for immoral or illegal purposes, anti-social behaviour, certain convictions or association with a person who has a relevant conviction or engaged in relevant anti-social behaviour, then these can still proceed.

Already applied to the tribunal for an eviction order?

If the eviction process has already commenced, whether that is a Notice to Leave served on the tenant or an application submitted to the First-Tier Tribunal, the process continues as normal.

Where the Tribunal finds that it is reasonable to issue an eviction order on the grounds of the evidence submitted to them it will still be issued.

Should the basis of the eviction be anything other than those stated in the above exceptions, the order will be unable to be lawfully enforced until the regulations end on 22 January, effectively Monday 25 January being the next working day.

Regulations and further help

View the regulations by clicking on the button below. ARLA Propertymark recommends that any members who are uncertain about them should contact the legal helpline. Full details of the helpline can be found by logging into the member area.

View the Regulations