Introduction of pre-action requirements that apply to private sector landlords in Scotland for possession proceedings during COVID-19 pandemic

New statutory instrument

New regulations have been issued in Scotland in relation to pre-action requirements that apply to private sector landlords for possession proceedings during the coronavirus (COVID-19) pandemic.

In force from 30 September 2020, the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (SSI.No.304/2020) introduce pre-action requirements for -

• proceedings for possession of a house let on an assured or short assured tenancy (created under the Housing (Scotland) Act 1988); and
• an application for an eviction order against a tenant under a private residential tenancy (created under the Private Housing (Tenancies) (Scotland) Act 2016).

NB - the Coronavirus (Scotland) Act 2020 makes most grounds for repossession in the private rented sector discretionary, including those related to rent arrears, changing the previous position whereby the First-tier Tribunal for Scotland (Housing and Property Chamber) was required to find that the ground for repossession applies if the level of arrears set in the legislation is met.

In addition, the regulations include a provision that requires the First-tier Tribunal to take into account the extent to which a landlord has complied with the pre-action requirements when deciding whether it is reasonable to grant a repossession order.

SSI.No.304/2020 is available from legislation.gov.uk