New notice periods for evictions

The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020

Following immediately on from my last blog, the Scottish Government has just published Regulations to set out the notice periods that will apply for the next 6 months (at least) for evictions. These regulations refer to both PRS and Social tenancies and will apply to any notices served on or after 3 October 2020.

The Regulations themselves can be found using this link: https://www.legislation.gov.uk/ssi/2020/270/introduction/made

As suggested in my last blog, there are not any surprises here. There is no change to any rent arrears grounds or in relation to a landlord’s desire to sell a let property and there is no reinstating of any mandatory grounds (all remain discretionary). The regulations contain provisions to amend Notices to Leave and form AT6s to reflect these changes. It is likely that new prescribed forms will therefore become available shortly.

Private Residential Tenancies

The Notices Periods that will apply from 3 October 2020 are as follows:

28 days

Ground 10 (not occupying the let property)

Ground 13 (Criminal Behaviour – tenant has a relevant conviction)

Ground 14 (Anti-social Behaviour)

Ground 15 (Association with someone who has a relevant conviction or is guilty of Anti-social Behaviour)

3 Months

Ground 4 (the Landlord wants to live in the property)

Ground 5 (a member of the landlord’s family wants to live in the property)

Ground 16 (the landlord has ceased to be registered)

Ground 17 (HMO licence has been revoked).

6months

All other grounds, including Ground 12 (Rent arrears) and Ground 1 (the landlord wants to sell the property).

Assured and Short-assured Tenancies

28 Days

Ground 15 (Anti-social Behaviour)

2 Months

Ground 9 (Suitable alternative accommodation is available)

3 Months

Ground 1 (the Landlord wants to live in the property)

6 Months

All remaining grounds including the 3 rent arrears grounds as well as the notice period under section 33.

If you require any further information or advice, please contact Rory Cowan (https://bkf.co.uk/people/rory-cowan/#more-272).