There has been much discussion around the new Cost of Living (Tenant Protection) (Scotland) Act 2022 which is expected to come into force at the end of October 2022 and would be in force until at least 31 March 2023. With the agreement of parliament the legislation can be extended beyond this date to 30 September 2023 and again to 31 March 2024.
Many of our landlords have been asking what effect this will have in practice.
The Scottish Association of Landlords has a comprehensive review but here is a summary of the main points:
Whilst a restriction has been put in place for rent increases for existing tenants, there are still instances where the rent can be increased.
Landlords can serve notice as normal if they wish to end a tenancy. Most tenants leave during the notice period and in these cases the eviction restrictions will not have any effect.
The issues occur if the tenant doesn’t move out during the notice period and an application has to be made to the tribunal for an eviction order.
However, the legislation delays a landlord from enforcing an eviction order issued by the tribunal in some circumstances for up to 6 months.