The emergency powers introduced adjust the law on evictions and notice periods for the majority of repossession grounds across the private and social rented sectors.
The law will have significant impact on any attempts to recover possession of a property let under various tenures including Private Residential Tenancies (PRTs) and any remaining Short-assured (SATs) and Assured tenancies. It also affects older types of tenancies.
The changes are implemented by two main changes in the underlying legislation:
Whether it be Private Residential Tenancies, Assured Tenancies or Short Assured Tenancies all grounds for possession during the period the legislation is in force will be discretionary and as such, not only will landlords have to establish the ground exists, but they will also have to establish that the granting of an eviction or possession order is reasonable in the particular circumstances.
The Grounds are still established in the same way, so for example with PRTs and rent arrears (Ground 12) is still established by three months of consecutive arrears, but under the Bill, irrespective of the level of the arrears, Ground 12 will be discretionary.
This also applies to Short Assured Tenancies where the basis for possession is under section 33, which is/was the landlord's automatic right to recover possession at the end of a short-assured tenancy – often referred to as the 'no-fault' ground. This will be discretionary.
For Private Residential Tenancies, instead of the current two notice periods of 28 and 84 days, there is now three different periods:
Assured Tenancies or Short Assured Tenancies - instead of the current two notice periods there are now three:
A six-month notice period will also apply to any notices issued to terminate a Short Assured Tenancies under section 33 (recovery of possession on termination of a Short Assured Tenancy) rather than the current two months.
The Bill does not amend the prescribed notices.
The measures introduced by the Coronavirus (Scotland) Bill are limited to the duration of the Coronavirus outbreak with most of the measures expiring on 30 September 2020, six months after they come into force. However, these may be extended for two further periods of six months, meaning that the measures in the Bill could be in force for a maximum of 18 months.
As soon as the Bill receives Royal Assent, it will become law.