Eviction updates for April 2024 Scotland- Scottish - Tenancy - Eviction Ban
The COVID-19 Pandemic changed almost all aspects of our daily lives and we continue to see some of its effects still prevalent today. As we approach the end of March 2024, a significant chapter in Scotland’s housing landscape is closing. The Cost of Living Crisis (Tenant Protection) Scotland Act 2022, a pivotal piece of legislation aimed at safeguarding tenants and landlords alike, is set to expire on the 31st of March. Its expiration prompts us to reflect on its impact and to look ahead at what lies ahead for both tenants and landlords across Scotland.
Over the past two years, the Act introduced emergency measures to combat Scotland’s cost of living crisis. These provisions included a rent freeze, a cap on a landlord’s ability to increase rent beyond a certain threshold and a moratorium (temporary ban) on enforcing eviction orders.
What does the 1 April 2024 bring for Landlords and Tenants? – Evictions – Rent
1. Any eviction orders granted on or before 01 April 2024 that were subject to the temporary eviction moratorium can be enforced. The temporary ban on evictions will remain in place until 31 March 2024. If an eviction order is currently paused due to the Cost of Living legislation the landlord can begin to take steps to enforce the order as of 1 April 2024. This means any order of eviction granted can be enforced after 31 March 2024. This applies even where the order includes a specific date of enforcement. It is recommended by the Scottish Government to make any tenant to whom an eviction order has been granted aware of the changes taking place on 1 April 2024, signalling the end of the eviction moratorium.
2. The removal of certain grounds when serving a Notice. The legislation introduced grounds relating to the landlord’s financial hardship – the changes shall see those provisions removed. However, any notice served on emergency legislation grounds will remain valid so there is no requirement to reserve a valid notice;
3. Changes to the rent cap – Currently, private rentals are capped at 3% or 6% in exceptional circumstances. This rent cap will remain in place until 31 March 2024. This applies to Rent Increase Notices issued before 1 April 2024, even if the proposed increase is due to take place after this date the cap will still apply. A landlord can increase rent once in 12 months after giving at least 3 months’ notice. (Notice period may differ depending on the Tenancy type that is in operation) The Legislation will still govern the notice and information required for a rent increase to be valid.
These changes may feel significant and may even invoke uncertainty for some individuals. If you are unsure about your rights and responsibilities in this evolving situation then we at Clarity Simplicity are here to assist.
While these changes may seem like new provisions, they represent a step towards returning to conditions before the COVID-19 pandemic. If you are unsure about your rights and responsibilities in this evolving situation then we at Clarity Simplicity are here to assist.
Contact our Evictions solicitors in Glasgow, Edinburgh, East Kilbride and Lanarkshire
Complete Clarity Solicitors can help you take control of your finances. To speak to one of our lawyers about personal and family money matters, contact us today. Call us on 0141 471 9166, legalteam@claritysimplicity.co.uk
