Alan Cameron | Partner

Scottish Government introduces new regulations signaling intent to end the extended notice period for tenants in Scotland.

The Scottish Government has introduced new regulations signaling its intent to end the extended notice period for tenants in Scotland.

At the onset of the coronavirus pandemic the Scottish Government put in place additional protections for private tenants. Significantly these measures lengthened the notice period required by most grounds for removal to 6 months.

The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 due to come into force at the end of March signifies an end to these extended notice periods. Specifically, from 31st March the Government intends for notice periods to revert to the pre-pandemic requirements as outlined in the Private Housing (Tenancies) (Scotland) Act 2016.

Importantly, the Regulation contains provisions which prevent a landlord from serving a new notice on the same eviction ground after 31st March, thereby benefiting from the shorter notice period. If however the new notice is served on a different eviction ground the shorter notice period can be used.

The policy note to the Regulation justifies its introduction by explaining:

“Given the significant relaxation of restrictions in the vast majority of other areas, and that the housing market has been open and operational for some time now, the Scottish Government believes the public health justification for extended notice periods no longer exists. It is, therefore, the view of the Scottish Government that these provisions should be expired.”

Whether a landlord or tenant Jackson Boyd can help you understand how these changes affect you.

Contact the Dispute Resolution department to discuss today.

Alan Cameron

Alan Cameron

Dispute Resolution Team

“My motto is: ‘First they ignore you, then they ridicule you, then they fight you, and then you win.’”

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