Notice to Landlords – Restriction on evictions extended to 31 March 2021

Back in April 2020 I blogged about the various changes brought about to Scottish landlord and tenant legislation by the Coronavirus (Scotland) Act 2020.

As discussed, landlords are now faced with lengthy notice periods and the necessity to convince the First Tier Tribunal for Scotland that their chosen eviction grounds are reasonable before repossession orders will be granted.

Serving to further delay recovery of heritable property, the Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020 were brought into force on 11 December 2020.

The regulations prevent Sheriff Officers from attending at a dwelling house for the purposes of executing court orders for removal of those in possession within Tier 3 and 4 areas. In other words an “Eviction Ban”.

Those regulations were due to expire on 22 January 2021 however the Scottish Government has now extended the eviction ban until 31 March 2021. It remains to be seen if further extensions will be announced.

During this period Landlords must be aware of the following:

• The ban will not preclude Landlords from serving notice to quit/leave on tenants where required;
• The ban will not prevent heritable proprietors from raising court action for recovery of their property where notice has expired or where occupiers have no right to reside. Court hearings are still going ahead at present;
• The ban will not apply to orders granted on the back of criminal or anti-social behaviour.
• Those who hold private tenancy related re-possession orders will be protected from having their orders expire (typically within 6 months of issue) during the time in which the eviction ban continues;

It is important to understand that the restrictions on eviction are not intended to punish those who seek possession of their heritable property. They are largely a response to the ongoing pandemic which will assist in limiting transmissions of the virus and ultimately reduce the rising pressure on our public services. Whilst the ban is temporary it should not discourage landlords to take immediate action where need be to prepare for a lift on restrictions.

Should you require assistance with recovery of your heritable property from a tenant or those occupying without right my team would be delighted to hear from you.

If you would like further information regarding the topics discussed in this blog, please contact:

Scott Runciman by email: srunciman@gilsongray.co.uk or by phone: 0131 516 5387

David Alexander by email: dalexander@gilsongray.co.uk or by phone: 07841 920 089 / 0131 516 5362

You can also visit our Debt Recovery Team page by clicking here. 

The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.