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UPDATE: Extended notice periods to return to pre pandemic periods

Thursday, 24th February, 2022

EXTENDED NOTICE PERIODS RETURN TO PRE PANDEMIC PERIODS BUT DISCRETIONARY GROUNDS TO REMAIN

The Scottish Government has announced that temporary changes to notice periods, introduced at the start of the COVID-19 pandemic to protect public health, will return to pre-pandemic terms on 30 March 2022.
 

In the legislation the Scottish Government advised that 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.'
 
The Coronavirus (Scotland) Act 2020 lengthened required notice periods and made all grounds for possession discretionary but regulations will see notice periods revert to pre-pandemic durations.

Grounds for possession will remain discretionary until 30 September 2022 and an eviction notice will continue to be granted on the basis of the First Tier Tribunal’s assessment of “reasonableness”.

The regulations clarify that a notice to leave served from 30 March 2022 onwards, will not — if citing grounds previously used in a notice served prior to 30 March 2022 — be able to end before the expiry of the original notice.



 David Toner Director of Rentolease ' While the return to pre-pandemic notice periods is welcome, leaving all ground discretionary remains disapointing. It is unclear what – if any - evidence the Scottish Government has analysed to consider the removal of mandatory grounds for possession warranted and we are hoping that this will be reinstated in September.
 
Continuing to enforce restrictive legislation on private landlords at a time when the rest of society is returning to pre-pandemic ways of living and working is unacceptable, and the long-term outcomes of such intervention are likely to prove extremely damaging for the sector.'

 


David Toner Director of Rentolease




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