Notice Periods Have Returned To Pre Pandemic Durations

The Scottish Government has published The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 which will bring an end to the temporary measures introduced by the Scottish Government to deal with tenancies during the pandemic. The regulations came into effect on 30 March 2022. The Coronavirus (Scotland) Act 2020 lengthened required notice periods and made all grounds for possession discretionary, causing Landlords difficulty in evicting tenants even in the most extreme cases. On this basis, the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 is likely to be welcomed by Landlords.

For private residential tenancies, the notice period will now be 28 or 84 days depending on either the duration of the tenant’s occupation or the ground relied upon by the landlord in the eviction. Likewise, for assured or short assured tenancies, the notice period for service of the AT6 will be either 2 months or 2 weeks depending on the ground relied upon by the Landlord.

The fact the new regulations still allow the Housing and Property Tribunal discretion to consider the reasonableness of each case put before they could cause some issues in practice for landlords so it is important that the procedure is properly followed to ensure the best possible chance of securing eviction, the most effective means of doing so is by instructing a solicitor to act on your behalf.

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