17th March 2021

Eviction bans in Scotland extended to September 2021

In January 2021, my colleague Nicola Brown wrote a detailed article on the Eviction of Tenants during the Coronavirus Pandemic (see article here). The rules regarding notice periods remain unchanged from Nicola’s article, however, the current ban on the enforcement of eviction orders in Scotland planned to end on 31st March 2021 has now been extended to 30 September 2021 by the Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021.

This means all evictions in areas under Level 3 or Level 4 restrictions (currently the whole of Scotland) are banned until this date. That is, except in circumstances involving cases of serious anti-social behaviour, including domestic abuse. The Scottish government have announced that the ban will be reviewed every 21 days with the possibility of it being lifted earlier than 30 September.

The legislation was put in place to stop tenants from needing to find a new home or move in with a different household during the pandemic, making it easier for people to follow government guidance in that regard. It is feared by some landlords that tenants may, in some instances, use the pandemic as an excuse not to pay rent. Tenants who can pay their rent have been urged to continue to do so by the Scottish Government, with struggling tenants being encouraged to speak with their landlords as soon as possible and pay as much rent as they can.

If you need any legal advice regarding evictions, please get in touch with the Blackadders’ Dispute Resolution Team working in Aberdeen, Dundee, Edinburgh, Glasgow, Perth, and across Scotland.

Bethany Buchanan,
Trainee Solicitor

Dispute Resolution

@TraineeLawBeth

www.blackadders.co.uk

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