The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 (the "Regulations") will come into force on 30 March 2021.

The Regulations extend the current expiry date of the protections created by the Coronavirus (Scotland) Act 2020 and Coronavirus (Scotland) (No. 2) Act 2020 (the "Coronavirus Acts") from 31 March 2021 until 30 September 2021.

The main tenant protection introduced by the Coronavirus Acts is to increase the notice period for terminating a lease for non-payment of rent, or other sums due, from 14 days to 14 weeks.

The 14-week period only applies to monetary breaches of a lease. Landlords can still terminate for non-monetary breaches (giving reasonable notice in certain circumstances), but still need to be fair and reasonable and consider the impact of the pandemic on their tenants.

No additional amendments to the Coronavirus Acts have been made by the Regulations.

There is currently no provision in the Acts for extension beyond 30 September 2021, however, that could be amended by the Scottish Government if necessary. Equally, if circumstances improve in the meantime, the Scottish Government can also bring forward the expiry date.

Contributor

Clare Kelly

Senior Associate