Coronavirus (Scotland) Bill – impact on the private rented sector

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:

• 28 days - Ground 10 (where the tenant is no longer occupying the property).
• 3 months - Grounds 1 (landlord wants to sell), Ground 4 (landlord wants to live in the property), Ground 5 (family member of landlord wants to live in the property), ground 13 (criminal behaviour of tenant), Ground 14 (antisocial behaviour by tenant), Ground 15 (association with someone guilty of criminal behaviour or anti-social behaviour), Ground 16 (landlord ceased to be registered) and Ground 17 (HMO licence revoked).
• 6 months - Grounds 2 (lender wants to sell), Ground 3 (refurbishment), Ground 6 (change of use), Ground 7 (required for religious purposes), Ground 8 (no longer employee of landlord), Ground 9 (supported accommodation), Ground 11 (breach of tenancy), Ground 12 (rent arrears) and Ground 18 (overcrowding notice).

Assured Tenancies or Short Assured Tenancies - instead of the current two notice periods there are now three:

• 2 months - Ground 9 (alternative accommodation).
• 3 months - Ground 1 (landlord wants to live in the property) and Ground 15 (anti-social behaviour).
• 6 months - Grounds 2 to 8 with Ground 8 being the former mandatory rent arrears ground of three months or more rent arrears. Grounds 10 to 14 which includes the two other rent arrears grounds and where a tenant gives notice to quit and then doesn’t remove. As well as grounds 16 (condition of the furniture deteriorated) and 17 (no longer employee of landlord).