4 September, 2020 Open access
4 September, 2020 Open access
New statutory instrument reduces notice period for notices served on or after 3 October 2020
New regulations have been issued in Scotland in relation to a reduction in the notice period for evictions on grounds relating to antisocial behaviour or criminality.
In force from 3 October 2020, the Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (SSI.No.270/2020) make amendments to reduce the extended notice periods introduced by Schedule 1 of the Coronavirus (Scotland) Act 2020 for evictions on grounds relating to antisocial behaviour and criminality from three months to 28 days across all private and social tenancies. The reduced notice period applies to all notices served on or after 3 October 2020.
The policy note to the regulations sets out the Scottish Government’s reasoning for exercising the power to amend notice period provisions that have been made under the 2020 Act - conferred by paragraph 8(1)(a) of Schedule 1 of the Act -
‘As we emerge from the emergency lockdown restrictions put in place at the outset of the COVID-19 pandemic and move through Scotland’s route map to recovery, consideration has to be given to the detrimental impact of a landlord not being able to take action to resolve serious cases of antisocial or criminal behaviour by a tenant.
Both social and private landlords have expressed significant concern about the impact this behaviour is having on the safety and wellbeing of neighbours and wider communities. Therefore, these regulations will ensure that where landlords have clear evidence of antisocial or criminal behaviour, that cannot be resolved by other means, then they are able to take the necessary action to end the tenancy.
This will mean returning to a 28 day notice period - across all private and social tenancies - for antisocial and criminal eviction grounds only.’
SSI.No.270/2020 is available from legislation.gov.uk
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