Extension of notice periods for tenants in Scotland during coronavirus outbreak

New measures set out in Coronavirus (Scotland) Act 2020 that received Royal Assent yesterday

Notice periods for tenants in Scotland have been extended as a result of the coronavirus (COVID-19) outbreak.

The changes are provided for by the Coronavirus (Scotland) Act 2020 that received Royal Assent yesterday. In new guidance for stakeholders issued alongside the Act, the Scottish Government advises that Schedule 1 provides for -

• the temporary extension, to six months, of the notice to leave period, or notice of proceedings for possession period, for tenants in the private and social rented sector, except in relation to certain grounds including antisocial behaviour and criminal behaviour and where the landlord requires the property to live in, where it will be three months; and
• temporarily making all grounds for repossession in the private rented sector discretionary so that the Tribunal – once operational again – can consider the full facts of the case when deciding whether to grant an eviction.

NB - Section 11 of the Act provides for the new measures to expire on 30 September 2020 unless the Scottish Parliament extends this date, by way of regulations, to 31 March 2021 or 30 September 2021.

For more information, see Coronavirus (COVID-19): guidance for stakeholders on the Coronavirus (Scotland) Act 2020 from gov.scot