Cost of Living (Tenant Protection) (Scotland) Act 2022

Eviction from residential properties: restrictions on enforcement S

1 (1) Where a decree for removing is granted in proceedings raised after this paragraph comes into force, no person may—

(a) serve a charge for removing in respect of the decree,

(b) execute the decree.

(2) Where a decree of removing is or was granted in proceedings raised before this paragraph comes into force in relation to an eviction notice served on or after 6 September 2022 or, in proceedings raised on or after that date (and before this paragraph comes into force) without the need for an eviction notice, no person may—

(a) if a charge for removing has not been served in respect of the decree, serve any such charge,

(b) if the decree has not been executed, execute the decree.

(3) Sub-paragraphs (1) and (2) apply until the earlier of—

(a) the end of a period of 6 months beginning with the day on which the decree for removing is or was granted,

(b) the expiry or suspension of this paragraph in accordance with Part 2.

(4) In a case where the decree for removing relates to a student residential tenancy, sub-paragraphs (1) and (2) do not apply where the decree is or was granted in respect of circumstances which are the same as those described in either of the following paragraphs—

(a) paragraph 2 (criminal behaviour),

(b) paragraph 3 (anti-social behaviour).

(5) In any other case, sub-paragraphs (1) and (2) do not apply where the decree for removing is or was granted on the basis of the application of—

(a) any of the following paragraphs of schedule 3 of the 2016 Act—

(i) paragraph 1A (intent to sell property to alleviate financial hardship),

(ii) paragraph 2 (property to be sold by lender),

(iii) paragraph 4A (intent to live in property to alleviate financial hardship),

(iv) paragraph 8 (not an employee),

(v) paragraph 10 (tenant not occupying let property),

(vi) paragraph 12A (substantial rent arrears),

(vii) paragraph 13 (criminal behaviour),

(viii) paragraph 14 (anti-social behaviour),

(ix) paragraph 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour),

(b) any of the following paragraphs of schedule 2 of the 2001 Act—

(i) paragraph 1 (rent arrears) but only so far as it relates to rent lawfully due from the tenant which has not been paid and the amount of such rent specified in the decree is equal to or greater than £2,250,

(ii) paragraph 2 (conviction for certain offences),

(iii) paragraph 5 (tenant absent or not occupying house),

(iv) paragraph 7 (anti-social behaviour or harassment),

(v) paragraph 8 (nuisance, annoyance or harassment),

(vi) paragraph 10 (demolition of, or substantial work on, the property),

(vii) paragraph 14 (islands council as education authority),

(c) any of the following Grounds in schedule 5 of the 1988 Act—

(i) Ground 1A (intent to live in house to alleviate financial hardship),

(ii) Ground 2 (house to be sold by lender),

(iii) Ground 8A (substantial rent arrears),

(iv) Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct),

(v) Ground 17 (employment with landlord ceases), or

(d) any of the following Cases in, or paragraphs of, schedule 2 of the 1984 Act—

(i) Case 1A (substantial rent arrears),

(ii) Case 2 (nuisance, annoyance or conviction for using or allowing dwelling-house to be used for immoral or illegal purposes),

(iii) Case 7 (employment with landlord ceases),

(iv) Case 8A (intent to live in house to alleviate financial hardship),

(v) paragraph (c)(vi) in Case 11 (owner-occupier’s house to be sold by lender),

(vi) paragraph (c)(iv) in Case 12 (owner’s house to be sold by lender).

(6) In a case where sub-paragraph (1) or (2) has effect in relation to—

(a) an eviction order issued under section 51 of the 2016 Act after this paragraph comes into force, that section has effect in relation to the order as if for subsection (4) there were substituted—

“(4) Despite any provision by the Tribunal in the order, the tenancy in question is terminated only if the landlord recovers possession of the let property in pursuance of the order.”,

(b) an order for recovery of possession made under section 16 of the 2001 Act after this paragraph comes into force, that section has effect in relation to the order as if—

(i) in subsection (5), paragraph (a) were repealed,

(ii) after that subsection there were inserted—

“(5ZA) Despite any provision by the court in the order, the tenancy in question is terminated only if the landlord recovers possession of the house in pursuance of the order.”,

(iii) in subsection (5A), paragraphs (a) and (b) were repealed,

(iv) in subsection (6), the words “and subsection (5)(a) does not apply in such a case” were repealed,

(c) an order for recovery of possession made under section 36 of the 2001 Act after this paragraph comes into force, that section has effect in relation to the order as if—

(i) in subsection (6), paragraph (a) were repealed, and

(ii) after that subsection there were inserted—

“(6ZA) Despite any provision by the court in the order, the tenancy in question is terminated only if the landlord recovers possession of the house in pursuance of the order.”.

(7) Any period during which sub-paragraph (1) or (2) has effect in relation to an order mentioned in paragraph (c) of section 16(5A) of the 2001 Act (powers of court in possession proceedings) is to be disregarded for the purposes of calculating the period mentioned in that paragraph.

(8) The Scottish Ministers may by regulations modify this paragraph to add, amend or remove circumstances in which sub-paragraph (1) or (2) does not apply.

(9) Regulations under sub-paragraph (8) are subject to the affirmative procedure.

(10) In this paragraph—

• “the 1984 Act” means the Rent (Scotland) Act 1984,

• “the 1988 Act” means the Housing (Scotland) Act 1988,

• “the 2001 Act” means the Housing (Scotland) Act 2001,

• “the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007,

• “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,

• “charge for removing” means a charge to remove under section 216(1) (service of charge before removing) of the 2007 Act in respect of a decree for removing,

• “decree for removing” means—

  (a)

  a decree of removing and warrant of ejection obtained in an action of removing in respect of—

  (i)

  a protected tenancy (including a short tenancy) or a statutory tenancy under the 1984 Act, or

  (ii)

  a student residential tenancy,

  (b)

  a decree obtained by virtue of a summary application for removing under section 38 of the Sheriff Courts (Scotland) Act 1907 in respect of a student residential tenancy,

  (c)

  a decree for recovery of possession of heritable property obtained by virtue of a summary cause under section 35(1)(c) of the Sheriff Courts (Scotland) Act 1971 in respect of—

  (i)

  a Scottish secure tenancy or a short Scottish secure tenancy under the 2001 Act, or

  (ii)

  a student residential tenancy,

  (d)

  an order for possession (within the meaning of section 55(1) of the 1988 Act) in respect of an assured tenancy (including a short assured tenancy) under the 1988 Act, or

  (e)

  an eviction order issued under section 51 of the 2016 Act,

• “eviction notice” means—

  (a)

  in the case of a short tenancy under the 1984 Act, a notice under section 14(2) of that Act,

  (b)

  in the case of an assured tenancy (including a short assured tenancy) under the 1988 Act, a notice under section 19 of that Act,

  (c)

  in the case of a short assured tenancy under the 1988 Act, a notice under section 33(1)(d) of that Act,

  (d)

  in the case of a Scottish secure tenancy or a short Scottish secure tenancy under the 2001 Act, a notice under section 14(2) of that Act,

  (e)

  in the case of a short Scottish secure tenancy under the 2001 Act, a notice under section 36(2) of that Act,

  (f)

  in the case of a private residential tenancy under the 2016 Act, a notice under section 50 or 61 of that Act,

  (g)

  in the case of a student residential tenancy a notice to quit (however expressed) which must, whether under the tenancy or otherwise, be served on the tenant before the tenancy can be terminated by the landlord,

• “student” has the same meaning as in paragraph 5 of schedule 1 of the 2016 Act,

• “student residential tenancy” means a tenancy—

  (a)

  the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and

  (b)

  to which paragraph 5(2) or (3) of schedule 1 (tenancies which cannot be private residential tenancies) of the 2016 Act applies.

Commencement Information

I1 Sch. 2 para. 1 in force at 28.10.2022, see s. 13(1)