Coronavirus (Scotland) Act 2020

Assured tenancies: extension of notice periods S

4 (1) The Housing (Scotland) Act 1988 applies, in relation to a notice served on a tenant under section 19 or 33(1)(d) of that Act while this paragraph is in force, in accordance with the modifications in this paragraph. S

(2) Section 19 (notice of proceedings for possession) has effect as if—

[F1 (a) in subsection (3)(b)—

(i) for the words “two weeks or two months” there were substituted “28 days, two months, three months or, as the case may be, six months”,

(ii) after the words “subsection (4)” there were inserted “or (4A)”,]

(b) for subsection (4) there were substituted—

“(4) The minimum period to be specified in a notice [F2 served before 3 October 2020] as mentioned in subsection (3)(b) is—

(a) two months if the notice specifies only Ground 9 in Part II of Schedule 5 to this Act,

(b) three months if the notice specifies any of the following grounds in Schedule 5 to this Act (whether with or without also specifying the ground referred to in paragraph (a))—

(i) Ground 1 in Part I,

(ii) Ground 15 in Part II,

(c) six months if the notice specifies any of the following grounds in Schedule 5 to this Act (whether with or without other grounds)—

(i) Grounds 2 to 8 in Part I,

(ii) Grounds 10 to 14 in Part II,

(iii) Ground 16 or 17 in Part II.

[F3 (4A) The minimum period to be specified in a notice served on or after 3 October 2020 as mentioned in subsection (3)(b) is—

(a) 28 days if the notice specifies only Ground 15 in Part II of Schedule 5 to this Act,

(b) two months if the notice specifies Ground 9 in Part II of Schedule 5 to this Act (whether with or without also specifying the ground referred to in paragraph (a)),

(c) three months if the notice specifies Ground 1 in Part I of Schedule 5 to this Act (whether with or without also specifying either or both of the grounds referred to in paragraphs (a) and (b)),

(d) six months if the notice specifies any of the following grounds in Schedule 5 to this Act (whether with or without other grounds)—

(i) Grounds 2 to 8 in Part I,

(ii) Grounds 10 to 14 in Part II,

(iii) Ground 16 or 17 in Part II.”].

(3) Section 33 (recovery of possession on termination of a short assured tenancy) has effect as if, in subsection (2), for the words “two months” in both places where they appear there were substituted “ six months ”.

Textual Amendments

F1 Sch. 1 para. 4(2)(a) substituted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 4(a)

F2 Words in sch. 1 para. 4(2)(b) inserted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 4(b)(i)

F3 Words in sch. 1 para. 4(2)(b) inserted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 4(b)(ii)