Amid the cost of living crisis, there is currently a limited ban on the enforcement of evictions in Scotland. Read on to find out 5 essential things you should know about the Scotland eviction ban.
1. The eviction ban has been extended until at least 30 September 2023
In September last year as part of its measures to address the cost-of-living crisis, the Scottish Government introduced a temporary moratorium prohibiting the eviction of residential tenants. The initial moratorium was to last until 31 March 2023, but the Scottish Government has proposed extending it to 30 September this year and has the power to extend it again to last until 31 March 2024.
The ban applies to clients who rent from:
● a private landlord or letting agency
● the council or a housing association
● college or university halls or purpose built student accommodation
2. It is not a complete prohibition against eviction
There are certain situations in which the prohibition does not apply, such as with anti-social behaviour, where the tenant has abandoned the property, or where there are substantial rent arrears (6 months or more). If it doesn't apply, the moratorium won't have any impact on the eviction process.
3. This is not a ban on your landlord taking legal action against you
While the ban is in place, your landlord can still:
● send you a valid eviction notice
● get an eviction order from a court or tribunal
4. The ban may not apply where eviction proceedings have already started
The ban does not apply if an eviction order is granted in any of the following circumstances:
● the landlord had an eviction application accepted by the court/tribunal before 6 September 2022
● the landlord had served notice to the tenant before 6 September 2022 and applied to the tribunal before 28 October 2022
The court or tribunal will include the date on which they accepted the landlord's application in the paperwork served to the client.
5. It’s still important to seek legal support if you are being faced with eviction
It’s always worth remembering your landlord cannot just turn up at your door and ask you to leave the property - if they do ask you to leave without following the proper legal process then it may be an illegal eviction and you should seek legal help immediately.
If you have been served an eviction notice, solicitors at DJP would be pleased to help. With our wealth of experience, we offer expert legal advice from beginning to end, prioritising clarity and thoroughness. Not only do our specialist solicitors have a great understanding of the complex Scottish eviction laws but they’ve also handled a broad range of types of legal disputes between all manners of people. Contact us today to find out how we can assist you with your case.
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