Repeal of Ground 8 under the Housing (Scotland) Act 1988

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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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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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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Eviction Notice Periods to Revert Back to pre-Pandemic

Introduced at the start of the pandemic to protect tenants from eviction, the extended notice periods for residential tenancies, in both public and private rented sectors, will expire on 30th March 2022, the Scottish Government has announced. This means that the provision in the Coronavirus Recovery and Reform (Scotland) Bill to extend the notice periods …

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Landlord’s ‘Change of Heart’ Leads to £2,400 Fine

A Glasgow landlord has been fined £2,400 for misleading his former tenants into surrendering occupation of a property which they wouldn’t have left otherwise. Lesley Munro and Grant McNicoll applied to the First-tier Tribunal for Scotland Housing and Property Chamber for a Wrongful Termination Order after their landlord, David Ross served a notice on them …

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