Have evictions been banned by the Scottish Government due to Coronavirus?

NO. The Scottish Government has passed an emergency law to provide additional protections for people who rent their homes. There has been no ban on evictions and your landlord can still seek an eviction order against you.

This new protection applies only to cases where a notice asking you to leave was served on or after 7th April 2020. If notice was served before that date then you will not benefit from the new provisions and your landlord can proceed under the existing laws.

If your landlord served notice after 7th April 2020 then in most cases your landlord must now give you at least 6 months’ notice, if they want to end your tenancy. However, depending on the ground of eviction your landlord seeks to rely on the notice required could be as little as  28 days. If your landlord is seeking to evict you because of antisocial behaviour or criminal behaviour they must give you 3 months' notice.

Get in touch now if you have received a notice for advice on whether your landlord has met the legal requirements for a valid notice and given you a sufficient notice period.

If you have an eviction case calling in the Tribunal before 30th September 2020, the Tribunal must now consider your personal circumstances and how being evicted will affect you before they make a decision about whether or not to grant an eviction order. The government have indicated that they will extend this provision to May 2021. This does not mean that you cannot be evicted during this period but you will have a chance to explain your personal circumstances to the Tribunal who will be required to take them into account. 

If you have been given a notice to leave your tenancy, or you have worries about being evicted/being allowed to stay in your tenancy, then contact us for advice immediately and we will see what we can do to help sort things out. 

This is intended as a guide to the situation in September 2020 and not as an authoritative statement and interpretation of the law. If you have any questions or would like further information please call 0808 129 0522 or email [email protected].