Residential letting update

SCOTTISH CHANGES IN TIMESCALES FOR NOTICES TO LEAVE

It has been confirmed that following changes to residential letting legislation in light of the coronavirus pandemic, the notice periods for notices to leave have been reinstated to pre-covid timescales. Notices served between 7th April 2020 and 30th March 2022 required 3 or 6 months’ notice to be given by a landlord dependent on the grounds cited. These will revert to 28 days or 84 days dependent on whether the tenant has resided at the property for more than 6 months or not.

All grounds remain discretionary and must be considered by the First Tier Tribunal before an eviction order can be granted.

NEW DEAL FOR TENANTS

In December 2021 the Scottish Government published their draft Rented Sector Strategy, ‘A New Deal for Tenants’. The paper sets out how the Scottish Government will work with private and social landlords and tenants to deliver their ambitious vision that by 2040 everyone living in Scotland would have access to a safe, warm, affordable, high quality and energy efficient home that meets their needs in the place they want to be, in a community they feel part of, and proud of, no matter their circumstances or where they live. The paper outlines a range of measures to provide an accessible and affordable rented sector in Scotland. The consultation closes in April 2022 with a confirmed strategy earmarked for the end of 2022 and legislation put before the Scottish Parliament in 2023.

The key issues in the consultation include rent control, aligning private tenancies with social tenancies and creating a private tenancy regulator. Needless to say D&R is responding to the consultation directly and also through contributions to professional organisations. As what is likely to become law becomes clearer we will provide further updates.

Author: Niall Milner.

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