Following on from the blogs about the Cost of Living (Tenant Protection)(Scotland) Act 2022 (the Act), one area that has resulted in more questions than perhaps any other is around the rent freeze or cap. The current rent cap is set at 0% although it could be varied in the future. This blog will focus …
Read more >The Scottish Government passed the Cost of Living (Tenant Protection) (Scotland) Bill in early October and it came into force on 28th October 2022. The Bill provides exemptions to the eviction moratorium for new and existing grounds under both the assured and private residential tenancy regimes. This article focuses on the new rent arrears ground …
Read more >The Cost of Living (Tenant Protection) (Scotland) Act 2022 has been in force from 28 October 2022. The Act can be found here. This introduces the promised rent freeze and the moratorium on evictions announced on 6 September 2022. This blog only looks at the impact on Private Residential Tenancies and Assured (including Short-assured) Tenancies, …
Read more >On 6 September 2022, the Scottish Government announced a combined rent freeze and moratorium on evictions to help people through the current cost of living crisis. This is to be the centrepiece of the 2022-23 Programme for Government, which outlines emergency legislation to be introduced to put in place a rent freeze until at least …
Read more >Until the emergency provisions of the Coronavirus legislation, the private rented sector in Scotland (PRS) rarely had to contend with determining whether it was reasonable to evict a tenant. The traditional approach was, because of the implicit uncertainty in relying on discretionary grounds for possession, to avoid them“like the plague”. The reason for this was …
Read more >Pre-Covid, section 33 of the Housing (Scotland) Act 1988 was the “no fault” route to recovery of a short assured tenancy. A private landlord could issue the relevant notices to bring the tenancy to an end and pursue a successful action for eviction in the event the tenant failed to vacate. No reason was required …
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