Ending Covid-19-related extension of notice periods for tenants in Scotland on 30 March 2022

New statutory instrument

New regulations have been issued that bring to an end the Covid-19-related extension of notice periods for tenants in Scotland on 30 March 2022.

In force from 29 March 2022, the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (SSI.No.64/2022) expire certain provisions of the Coronavirus (Scotland) Act 2020 (the 2020 Act) and the Coronavirus (Scotland) (No. 2) Act 2020 (the second Act), including from 30 March 2022 paragraphs 2, 4 and 6 to 10 of schedule 1 of the 2020 Act which -

• modify the law on eviction notices to extend the period of grace that a landlord must allow a tenant, following the service of an eviction notice, before they can raise eviction proceedings;
• modify statutory forms of eviction notices; and
• make provision for errors in eviction notices.

The regulations also make savings provisions to ensure that -

• the notice periods applicable to eviction notices served prior to 30 March 2022 will continue to apply to those notices after the relevant provisions of schedule 1 have been expired; and
• where an eviction notice has been served by the landlord prior to 30 March 2022, the notice period for which has not yet expired, and a further eviction notice containing any of the grounds of eviction contained in the existing notice is then served by the landlord on or after 30 March 2022, the notice period for the new notice cannot expire earlier than the notice period for the existing notice.

The policy note to the regulations advises that -

'Given the significant relaxation of restrictions in the vast majority of other areas, and that the housing market has been open and operational for some time now, the Scottish Government believes the public health justification for extended notice periods no longer exists. It is, therefore, the view of the Scottish Government that these provisions should be expired.'

NB - the regulations also expire, again from 30 March 2022, paragraph 14 of schedule 4 of the second Act which modifies schedule 1 of the Council Tax (Exempt Dwellings) (Scotland) Order 1997 by creating an exemption from paying council tax in respect of those properties that were occupied by one of the groups of individuals listed at paragraphs 10 and 12 of the Order, and which are unoccupied on or after 17 March 2020 for a reason relating to Covid-19.

SSI.No.64/2022 is available from legislation.gov.uk