Category: Legal

Eviction Grounds and Reasonableness

Until the emergency provisions of the Coronavirus legislation, the private rented sector in Scotland (PRS) rarely had to contend with determining whether it was reasonable to evict a tenant. The traditional approach was, because of the implicit uncertainty in relying on discretionary grounds for possession, to avoid them“like the plague”. The reason for this was …

Read more  >

Section 33… No Fault?

Pre-Covid, section 33 of the Housing (Scotland) Act 1988 was the “no fault” route to recovery of a short assured tenancy. A private landlord could issue the relevant notices to bring the tenancy to an end and pursue a successful action for eviction in the event the tenant failed to vacate. No reason was required …

Read more  >

The Coronavirus (Recovery and Reform)(Scotland) Bill 2022

The Coronavirus (Recovery and Reform)(Scotland) Bill 2022 (the Bill) has made its way through all the required stages of scrutiny by the Criminal Justice Committee, and we now have sight of the Bill in its final form, and as passed. As suspected, the Bill, in so far as it relates to the Private Rented Sector …

Read more  >

Legal Update: Coronavirus (Recovery and Reform) (Scotland) Bill

The route favoured by landlords for eviction of tenants in the private rented sector, prior to the pandemic, usually involved utilising one of the mandatory grounds for eviction contained in the various acts dealing with the different types of tenancy. This route generally ensured that landlords would be on the path of certainty and least …

Read more  >

Student Lets Notice Period

Agents, landlords and tenants alike will remember the vast number of legislative provisions introduced in 2020 at the outbreak of the Coronavirus pandemic, which included provisions enabling certain student renters to terminate their tenancies with only 28 days’ notice. As Covid restrictions ease and we move back towards ‘normal’, the legislation is once again changing. …

Read more  >

Homes for Ukraine – Issues for the PRS in Scotland

Following the commencement of the war in Ukraine, the UK Government announced the Homes for Ukraine scheme which offered compensation of £350 per month to anyone offering a room to a Ukrainian family seeking to escape the war. Whilst there is a clear desire to help, there are difficulties and problems should landlords or even …

Read more  >
1 6 7 8 9 10 13