What is the best way to disprove this defence? A recent increase in repairs defences to actions for eviction and payment applications based on arrears has been reported. There are generally three arguments made by tenants in these circumstances: withholding rent in order to compel the landlord to effect a repair; they are due an …
Read more >In October 2022 the Scottish Parliament introduced emergency legislation with the purpose of assisting social and private renters with the cost of living crisis. The Cost of Living (Tenant Protection) (Scotland) Act 2022 introduced a temporary, variable rent cap and a temporary moratorium on evictions (applicable to the majority of eviction grounds) until at least …
Read more >On 12 January 2023, the Scottish Government published their First Report to the Scottish Parliament on the Cost of Living (Tenant Protection)(Scotland) Act 2022 (the Act). The Act came into force on 28 October 2022 and introduced the rent freeze and moratorium on evictions that had been announced earlier on 6 September 2022, affecting both …
Read more >The Scottish Government has announced that it will not extend the rent freeze introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (the Act) last October on social housing after March 2023. This will mean that councils and RSL’s will be able to set their own rent levels from April. Social landlord representative …
Read more >Following previous blogs on the Cost of Living (Tenant Protection) (Scotland) Act 2022 (the Act), we thought it would be useful to look at the new grounds for eviction relative to both Private Residential Tenancies (PRTs) and Assured Tenancies (including short-assured tenancies) (SATs), as well as the questions of “substantial rent arrears” and “financial hardship”. …
Read more >Ground 8, the mandatory rent arrears ground, was the most common ground for eviction under the assured tenancy regime. Courts, and latterly the Tribunal, had no discretion but to grant an eviction order provided that both – at the date of service of the AT6 and at the date the case first called, the tenant …
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