Temporary housing changes introduced in Scotland at the start of the Covid-19 pandemic made permanent

Coronavirus (Recovery and Reform) (Scotland) Bill receives Royal Assent

The Coronavirus (Recovery and Reform) (Scotland) Bill has received Royal Assent.

Part 4 of the new Coronavirus (Recovery and Reform) (Scotland) Act 2022 makes permanent the temporary provisions introduced at the start of the Covid-19 pandemic, including to -

• make all eviction grounds for tenants (private, social and regulated) discretionary, so that where the First-tier Tribunal of the Housing and Property Chamber finds that the required elements of a landlord’s specified eviction ground apply in a particular case, it is empowered, but not required, to issue an eviction order and must consider whether it would be reasonable to do so;
• give Scottish Ministers a regulation-making power to implement a pre-action protocol which applies in relation to any attempt by a landlord to end a tenancy on the ground of rent arrears.

In addition, savings provisions are made which enable the temporary provisions put in place at the start of the pandemic to continue, despite their expiry, until Part 4 of the new Act commences on 1 October 2022.

NB - the Act also makes permanent changes to the bankruptcy rules in Scotland.

The Coronavirus (Recovery and Reform) (Scotland) Act 2022 is available from legislation.gov.uk