Winter Eviction Ban
From 6th September 2022 to 31st March 2023, there is a limited ban on evictions.
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
However, they cannot make you leave your home while the ban is in place. This means your eviction could be delayed by up to six months.
If you have received an eviction notice before 6 September 2022 then the eviction ban will affect you and you should seek housing advice as soon as possible.
You can still be evicted while the ban is in place if you’ve stopped living in the property or because of:
- antisocial or criminal activity
- six months rent arrears or more
Your landlord has to try to help you before evicting you for rent arrears. The First Tier Tribunal must also consider whether it is reasonable to evict you.
The winter eviction ban, is not a blanket ban on evictions, if your landlord requires the property to move in to or sell to avoid becoming homeless themselves or your landlord’s mortgage lender has repossessed the property then the eviction could still go ahead.
Tenants have a right to remain in their current property until an eviction order has been granted by the First Tier Tribunal. This can only happen after the NTL/NTQ period has expired.
If you are a private landlord or thinking about becoming a landlord in Scotland, there are a number of key responsibilities and things you must do before renting out your property.
Private landlords must register with their local authority to ensure that minimum legal requirements are met. Please visit the Landlord Registration website for more information.
If you are unsure, please seek legal advice on the requirements in your own particular circumstances.
More detailed information and advice can be found by visiting the Scottish Government's Private renting website.
Key Landlord Responsibilities
- Tenancy Deposit Schemes - tenancy deposit schemes protect deposits until they are due to be repaid. Three schemes are now operating.
- Tenant Information Pack - landlords have a legal duty to provide new tenants with this pack, which provides important information to tenants in the private rented sector.
- Houses in Multiple Occupation - mandatory licensing applies to houses or flats occupied by three or more unrelated people who share bathroom or kitchen facilities.
- Repairing Standard - sets condition and maintenance standards which landlords must adhere to.
- Local Housing Allowance - Housing Benefit for tenants in private rented accommodation.
Private Rented Sector Strategy in Scotland
A Place to Stay, A Place to Call Home contains details of the Scottish Governments Private Rented Sector Strategy in Scotland, which sets out an agenda aimed at improving management standards and quality of service for tenants and prospective tenants.
Summary of important legislation relating to the private rented sector:
- Rent (Scotland) Act 1984 - introduction of regulated tenancy regime; regulation on deposits; clarification of illegal premiums; and notice to quit regulation.
- Housing (Scotland) Act 1987 - landlord’s identity requirement; and serious disrepair regulation
- Housing (Scotland) Act 1988 - introduction of assured, and short assured, tenancy regime; tacit relocation; and change to notice to quit.
- Antisocial Behaviour etc (Scotland) Act 2004 - introduction of landlord registration regulation.
- Housing (Scotland) Act 2006 - Repairing Standard introduction; Housing in Multiple Occupation regime; Tenancy Deposit Scheme regulatory framework; landlord’s right of access; and right to adapt properties.
- Private Rented Housing (Scotland) Act 2011 - changes to the registration of private landlords; amendments to the Housing in Multiple Occupation licensing regime; introduction of Overcrowding Statutory Notices; and introduction of the Tenant Information Pack.
- HMO New Application Form
- HMO Public Notice of New / Renewal Application
- Certificate of Compliance for HMO Licence
- Certificate and Undertaking Relating to Building Standards (HMO Licence)
- Submission of Proposed Tenancy Occupancy Agreement (HMO Licence)
- HMO Equality Monitoring Form
- HMO Guidance
- HMO Physical Standards
- HMO Tenancy Management Pack
- Avoid the chills with cheaper bills
- Cosy Kingdom Advice Leaflet
- HMO Planning Permission & Certificate of Lawfulness
- Home Energy Scotland - Fuel Bill Advice
- Landlord Guide - Child & Adult Protection
- Landlord Guide - Condensation Control
- Landlord Guide - Dealing with Deposits
- Landlord Guide - Electrical Safety
- Landlord Guide - Family Exceptions
- Landlord Guide - Fire Safety
- Landlord Guide - Gas Safety
- Landlord Guide - Houses of Multiple Occupancy
- Landlord Guide - Legionella
- Landlord Guide - Mutual Owners
- Landlord Guide - Preparing to Become a Landlord
- Landlord Guide - Private Residential Tenancy
- Landlord Guide - Repairing Standard
- Landlord Guide - Smoke Detection
- Landlord Guide - Starting your Tenancy
- Landlord Guide - Tenant Information Pack