Have evictions been banned during Coronavirus?

September 3rd 2020

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

The Scottish Government has brought in legislation to prevent the enforcement of eviction orders in  areas under protection Levels 3 and 4 until 30th September 2021. The ban will be reviewed every 21 days. The ban applies to both private and social rented tenancies. This means that if a landlord has obtained an eviction order from the Sheriff Court or First-tier Tribunal, in most cases they will not be able to physically remove tenants whilst the ban is in place.

The eviction ban does not apply in all cases, for example if the eviction order was granted due to antisocial or criminal behaviour it can still be used. 

Get in touch now if your landlord has told you that you have to leave your home.

In addition to the current ban on enforcement, the Scottish Government has made changes to the process landlords must follow to obtain an eviction order and has extended the notice period in most eviction cases.

If your landlord served notice after 7th April 2020 then in most cases, including eviction on the grounds of rent arrears, 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.

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, 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.  This does not mean that an eviction order will not be granted 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 March 2021 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 info@clanchildlaw.org.