15 March 2024
As we approach the end of March, we will reach the end of the temporary eviction moratorium. But what does this mean in practice? As we navigate the revocation of the Cost of Living (Tenant Protection) (Scotland) Act 2022, landlords and tenants are encouraged to familiarise themselves with the upcoming changes to ensure compliance with the legal requirements.
In light of the cost of living crisis, the Scottish Parliament introduced The Cost of Living (Tenant Protection) (Scotland) Act 2022. The Act was brought into force to protect tenants by temporarily restricting landlord’s powers to increase rent and placed restrictions on eviction.
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The ban was applicable to private landlords or letting agencies, the council or a housing associations and college or university halls or purpose-built student accommodation.
The Act placed, a limited ban on the enforcement of evictions by private landlords in Scotland. However, the ban did not prevent landlords from serving a valid eviction notice on tenant’s (subject to satisfying the applicable grounds for serving such a notice). During this period, landlords could obtain an order from the Sheriff Court or First-tier Tribunal to enforce an eviction notice. Rather than banning the service of eviction notices altogether, the Act instead delayed the enforcement of the eviction for up to 6 months after an eviction order had been obtained, or until the ban ends at the end of March.
The 31 March 2024 will see the end to the temporary ban, meaning that any landlord who has been granted an eviction order may instruct sheriff officers to enforce the eviction from 1 April 2024.
For private landlords, it is important not to fall at the first hurdle. Ensuring an eviction notice complies with the legal requirements is vital to securing the validity of the notice. A valid eviction notice must be in writing and include the following;
- that the tenant must leave the property;
- when they should leave the property; and
- why you are asking them to leave the property.
A landlord is also required to serve a legal form called a “Notice to Leave”. This must be served on the tenant by either recorded delivery, in person or sent by email (so long as the tenancy agreement provides for this). The notice must be served with a minimum of 28 days’ notice. In certain circumstances, a landlord may be required to give 84 days’ notice. This will depend on the term of the tenancy.
If the tenant ignores the Notice to Leave or refuses, a landlord can apply to the First-tier Tribunal for Scotland to trigger the issuing of an eviction notice.
Should you require advice on the issuing the notice, please contact Carly or the Real Estate team.
Carly Mills, Trainee Solicitor: cam@bto.co.uk / 0141 221 8012
Jane Steel, Partner: js@bto.co.uk / 0141 221 8012