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22 January, 2021 Open access

Scottish Government introduces measures to prevent mortgage possession enforcement action during Covid-19 pandemic

New statutory instrument

New regulations have been issued in Scotland in relation to preventing mortgage possession enforcement action during the Covid-19 pandemic.

In force from 23 January 2021, the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 (SSI.No.35/2021) amend the principal regulations (SSI.No.344/2020) to prohibit mortgage repossessions from taking place in Level 3 or Level 4 local authority areas - as set out in schedules 4 and 5 to the principal regulations (which continue in force until their expiry on 31 March 2021, as provided by regulation 9).

The policy note to the regulations advises that -

‘These provisions will provide home owners with similar protection as those in the rented housing sector. The key purpose in stopping mortgage repossessions at this time is to prevent households becoming at risk of homelessness and being forced to enter (possibly multiple) other households at a time when that is prohibited.’

SSI.No.35/2021 is available from legislation.gov.uk