“There was already a court case  to evict me going on before Covid-19 

During the lockdown all eviction cases were paused however cases are starting to be heard again.  

The First-tier Tribunal (Housing and Property)  Chamber decides on evictions from private tenancies – that is where the landlord is not the council, a housing association or supported accommodation. All cases had been paused, however case management discussions are now being fixed for those cases that were postponed due to the lockdown. There is a  backlog of cases and those cases which had been postponed due to lockdown will be dealt with before new applications.  

If you have worries about being evicted get in touch now and we will give you advice about how to defend your case at the tribunal.  

The Sheriff Court deals with all other eviction cases, including cases where the landlord is the council or a housing association. During lockdown all cases were paused however these cases are now being restarted. If your case was paused you will receive notification that your case is returning to court. If that happens you should seek advice immediately. It is likely that any hearing will be by telephone or video call due to the ongoing coronavirus restrictions. 

If you have a case which has been paused get in touch now and we will help you get ready to fight the eviction when the case comes back into court.  

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. If your landlord is seeking to evict you because of antisocial behaviour or criminal behaviour they must give you 28 days 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 a private landlord who is seeking an eviction order, 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  extended 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].