Category: Legal

The Cost of Living (Tenant Protection) (Scotland) Act 2022

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, …

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Rent Freeze and Eviction Ban

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 …

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Eviction Grounds and Reasonableness

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 …

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Section 33… No Fault?

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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The Coronavirus (Recovery and Reform)(Scotland) Bill 2022

The Coronavirus (Recovery and Reform)(Scotland) Bill 2022 (the Bill) has made its way through all the required stages of scrutiny by the Criminal Justice Committee, and we now have sight of the Bill in its final form, and as passed. As suspected, the Bill, in so far as it relates to the Private Rented Sector …

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Legal Update: Coronavirus (Recovery and Reform) (Scotland) Bill

The route favoured by landlords for eviction of tenants in the private rented sector, prior to the pandemic, usually involved utilising one of the mandatory grounds for eviction contained in the various acts dealing with the different types of tenancy. This route generally ensured that landlords would be on the path of certainty and least …

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