The temporary ban on evictions in Scotland was due to end on 31 March 2021. On 5 March, the Scottish Government announced that the temporary ban on evictions will be extended from 31 March 2021 to 30 September 2021.

What does this mean for social landlords?

Where social landlords have tenanted properties on level 3 or level 4 areas, the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 prohibits anyone from attending a residential property to either serve a charge for removing or enforcing a decree for removing from the residential property.

There are limited exceptions to this prohibition including where the charge for removing relates to a decree for removing from residential property in the following circumstances—

  • Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 1984,
  • Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 1988,
  • Paragraph 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of Part 1 Schedule 2 of the Housing (Scotland) Act 2001, or
  • Paragraph 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016.

As the temporary ban is only in place in level 3 or 4 areas, it is currently unclear whether evictions will be able to take place when parts of Scotland move to level 2 (currently anticipated to take place on 26 April for specified islands and 17 May for the rest of Scotland).

With the largest Scottish social housing practice in Scotland boasting independently recognised experts, our team is well placed to support social landlords during the ongoing restrictions. Should you wish more information on social housing please contact Fiona McLeod or your usual Brodies contact.

Contributor

Fiona McLeod

Legal Director