Eviction Notice periods revert back to pre –pandemic conditions

Eviction Notice periods are going to be reverting back to pre –pandemic conditions from 31st of March 2022.

As we move towards what seems to be a more positive period in terms of the pandemic we are beginning to see the end of a range of measures which were brought in to reflect the Covid environment.

Housing was of course a major policy area, not least that which related to the Private Rented Sector as the authorities sought to mitigate the pressures on tenants.

One of the key decisions was to extend the notice period for residential tenancies, in both private and public rented sectors, and a provision in the Coronavirus Recovery and Reform (Scotland) Bill indicated that this policy would continue until 30 September 2022. However, the Scottish Government has announced that this extension to September will not go ahead and notice periods will revert back to pre-pandemic conditions from 31 March this year.

Whilst this change in direction will bring some much needed clarity for landlords, those landlords who have already served a notice to terminate the tenancy will be prevented from withdrawal or serving a new notice on the same eviction ground after 30 March. Landlords will be able to issue a new notice with the shorter notice period only if it is in respect of a new ground for eviction.

It should be noted that all eviction grounds remain discretionary; there are indications that the requirement for the First Tier Tribunal to decide whether it is reasonable to grant an eviction order, even if the ground is proved, could be made permanent.

Commenting on the new policy Adrian Sangster, Leasing Director, Aberdein Considine said:

“This change in notice periods will be welcomed by landlords, and it reflects the move towards a more normal economic and societal environment.
However, the continued discretionary element of eviction will continue to prove complex and challenging. In addition to the many new regulatory obligations, this policy could discourage potential landlords from joining the market at a time when many have already left, ultimately further reducing the availability of stock.”