Bill providing for private rented sector eviction grounds to be made discretionary introduced to Scottish Parliament

In support of Scottish Govenment's Covid Recovery Stategy, Bill proposes making temporary changes introduced by Coronavirus (Scotland) Act 2020 permanent

A Bill providing for private sector eviction grounds in Scotland to be made discretionary has been introduced to the Scottish Parliament.

The Coronavirus (Recovery and Reform) (Scotland) Bill sets out a number of measures to support the Scottish Government's Covid Recovery Strategy including, in Part 4, provisions relating to eviction from properties in the private rented sector. The Bill proposes that the current mandatory grounds for eviction will become discretionary with the result that, in relation to the tenancy types set out in the Bill, a tribunal will not have to automatically evict people. The tribunal will however still be able to grant an eviction if it considers it reasonable.

NB - the explanatory notes for the Bill advise that these provisions will make the temporary changes introduced by paragraph 1 of schedule 1 of the Coronavirus (Scotland) Act 2020 permanent.

In addition, Part 4 sets up a 'pre-action protocol' that landlords can follow before starting eviction proceedings. Whether landlords have or have not followed this protocol will be considered by a tribunal in deciding whether to order an eviction in cases where late or non-payment of rent is the reason why the landlord is seeking an eviction.

For more information, see Coronavirus (Recovery and Reform) (Scotland) Bill from parliament.scot