Category: Legal

Update on Rent Freeze and Eviction Moratorium

On 12 January 2023, the Scottish Government published their First Report to the Scottish Parliament on the Cost of Living (Tenant Protection)(Scotland) Act 2022 (the Act). The Act came into force on 28 October 2022 and introduced the rent freeze and moratorium on evictions that had been announced earlier on 6 September 2022, affecting both …

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Reversal of Rent Freeze in Scottish Social Housing

The Scottish Government has announced that it will not extend the rent freeze introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022 (the Act) last October on social housing after March 2023. This will mean that councils and RSL’s will be able to set their own rent levels from April. Social landlord representative …

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Evictions Under the Cost of Living (Tenant Protection) (Scotland) Act 2022

Following previous blogs on the Cost of Living (Tenant Protection) (Scotland) Act 2022 (the Act), we thought it would be useful to look at the new grounds for eviction relative to both Private Residential Tenancies (PRTs) and Assured Tenancies (including short-assured tenancies) (SATs), as well as the questions of “substantial rent arrears” and “financial hardship”. …

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Repeal of Ground 8 under the Housing (Scotland) Act 1988

Ground 8, the mandatory rent arrears ground, was the most common ground for eviction under the assured tenancy regime. Courts, and latterly the Tribunal, had no discretion but to grant an eviction order provided that both – at the date of service of the AT6 and at the date the case first called, the tenant …

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Rent Freeze and Rent Increases

Following on from the blogs about the Cost of Living (Tenant Protection)(Scotland) Act 2022 (the Act), one area that has resulted in more questions than perhaps any other is around the rent freeze or cap. The current rent cap is set at 0% although it could be varied in the future. This blog will focus …

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The New Rent Arrears Ground and the Private Residential Tenancy

The Scottish Government passed the Cost of Living (Tenant Protection) (Scotland) Bill in early October and it came into force on 28th October 2022. The Bill provides exemptions to the eviction moratorium for new and existing grounds under both the assured and private residential tenancy regimes. This article focuses on the new rent arrears ground …

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