Government consults on making some Covid eviction procedures permanent

In a further blow to landlords, the Scottish Government is now consulting on making permanent some of the changes to evictions introduced through emergency powers at the start of the coronavirus pandemic. The consultation proposes making permanent the requirement for the tribunal to exercise discretion when deciding whether to grant an eviction and the pre-action requirements for rent arrears evictions. The government does not intend to continue with the requirement to give longer notice periods, although there is already legislation in place to continue these until 31 March 2022 (with provision for a further extension to 30 September 2022).

While recent analysis of tribunal cases by SAL shows that it is extremely rare for a landlord to be refused an eviction order on the grounds of reasonableness, the continuance of these procedures beyond the current expiry date of 31 March 2022 will significantly dent landlords’ confidence in the sector, as well as that of lenders/investors considering investing in the sector.

The consultation can be read here and responses can be submitted online here The question about eviction procedures is number 22 and there is no need to respond to any other questions in the consultation unless you wish to do so. If responding to the consultation please copy us in to your response so that we can reflect members’ views in SAL’s own consultation response. The deadline for responses is 9 November 2021.