What Constitutes ‘Financial Hardship’?

Nine months on from their introduction in October 2022, many landlords are still seeking advice on whether their circumstances will satisfy the ‘financial hardship’ eviction grounds, thus allowing them to avoid the eviction moratorium. The relevant grounds are Ground 1A of the Housing (Scotland) Act 1988 and Grounds 1A and 4A of the Private Housing …

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Further Update on Cost of Living (Tenant Protection)(Scotland) Act 2022

The Cost of Living (Tenant Protection)(Scotland) Act 2022 (the Act) came into force on 28th October 2022 and introduced what was described by the Scottish Government as “emergency measures” to respond to the cost of living crisis. With the Act we got the rent cap (originally a rent freeze) and the eviction moratorium which operates …

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Damages for Unlawful Eviction

Modification to Damages for Unlawful Eviction Introduced by COLA Landlords will likely be aware that the Cost of Living (Tenant Protection) (Scotland) Act 2022 (COLA 2022) introduced an eviction moratorium. Perhaps less publicised was the introduction of a new method of calculation of the level of damages which can be awarded against a landlord who …

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Scottish Government First Report: Cost of Living (Tenant Protection) (Scotland) Act 2022

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 …

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Lets Talk with John Blackwood and Timothy Douglas

Episode 66 of Lets Talk features Chief Executive of the Scottish Association of Landlords, John Blackwood, and Head of Policy and Campaigns of Propertymark, Timothy Douglas, discussing the Cost of Living (Tenant Protection) (Scotland) Act 2022 which introduced a rent freeze in social and private rented housing and a moratorium on evictions. Following the announcement …

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Update on Rent Freeze and Eviction Moratorium

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 …

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