Extension of housing provisions that protect tenants under the Coronavirus (Scotland) Acts until 31 March 2021

New statutory instrument amends the original 30 September expiry date for measures introduced under the Acts including the extension of notice periods for eviction

New regulations have been issued in relation to the extension of housing provisions that protect tenants under the Coronavirus (Scotland) Acts.

In force from 29 September 2020, the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020 (SSI.No.299/2020) extend the original expiry date of 30 September 2020 for measures introduced by Part 1 of the Coronavirus (Scotland) Act 2020 and Part 1 of the Coronavirus (Scotland) (No.2) Act 2020 (the No.2 Act) to 31 March 2021 so that all provisions under those Parts continue in force, including in relation to housing -

• extension of the notice to leave period, or notice of proceedings for possession period, for tenants in the private and social rented sector to six months in most cases;
• making all grounds for repossession in the private rented sector discretionary so that the First-tier Tribunal of the Housing and Property Chamber can consider the full facts of the case when deciding whether to grant an eviction; and
• enabling a person with a student residential tenancy to terminate the accommodation agreement with their landlord.

NB - provisions under the No.2 Act that amend section 33B of the Housing (Scotland) Act 1987 to extend the period within which the Scottish Ministers must publish a statement on exercising their power to modify local connection are not being extended as the provision is now considered spent (confirmed in the policy note to SSI.No.249/2020).

SSI.No.299/2020 is available from legislation.gov.uk