NOTICE PERIODS TO RETURN TO PRE-PANDEMIC LEVEL

The Scottish Government recently announced that notice periods agents and landlords are required to provide tenants for recovery of possession of property will return to their pre-pandemic position on 30 March 2022.  Meaning, landlords will no longer have to serve a 6-month notice.  We, at Murray & Currie very much welcome the news.

 

That said, this is not as straightforward as a complete return to pre-pandemic times.  Depending on the length of tenancy, they revert to the below. 

 

 

Private Residential Tenancies (PRTs)

Ground 1 (Landlord wants to sell)

28 or 84 days

Ground 4 (Landlord wants to live in property)

28 or 84 days

Ground 5 (Family member wants to live in property)

28 or 84 days

Ground 10 (No longer occupying)  

28 days

Ground 11 (Breach of tenancy)       

28 days

Ground 12 (Rent arrears)

28 days

Ground 13 (Criminal Behaviour)   

28 days

Ground 14 (Anti-Social Behaviour)

28 days

 

 

 

Assured or Short-Assured Tenancies

Ground 1 (Landlord wants to live in property)

Two months

Grounds 8,11 & 12 (Rent Arrears)

14 days

Ground 13 (Breach of Tenancy)

14 days

Ground 14 (Anti-social Behaviour)

14 days

Section 33 (SAT only)

14 days

 

 

In practice, this means:

  • All notices served prior to 30 March 2022 will be required to stick to the notice period effective at the time of serving i.e. three or six months depending on the ground being used.
  • Any notices served prior to 30 March 2022 that have yet to expire cannot be withdrawn and re-served on the basis of the same grounds to take advantage of the shorter notice periods.

 

The news from the Scottish Government is welcome and we hope this is a start to more positive policies for the rental sector.

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