Coronavirus (Recovery and Reform) (Scotland) Act 2022

Pre-action protocol in respect of evictions relating to rent arrears

46 Private residential tenancies: pre-action protocol

(1) The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows.

(2) In paragraph 12 of schedule 3 (rent arrears)—

(a) in sub-paragraph (4)—

(i) the words from “whether the” to “benefit” become paragraph (a),

(ii) after paragraph (a) insert “, and

“(b) the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.”,

(b) after sub-paragraph (5) insert—

“(6) Regulations under sub-paragraph (4)(b) may make provision about—

(a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy),

(b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy,

(c) such other matters as the Scottish Ministers consider appropriate.”.

(3) In section 77(3) (regulation-making powers), after “41” insert “and paragraph 12(4)(b) of schedule 3”.

47 Assured tenancies: pre-action protocol

(1) The Housing (Scotland) Act 1988 is modified as follows.

(2) In section 18 (orders for possession)—

(a) in subsection (4A)—

(i) the words from “the extent” to “universal credit” become paragraph (a),

(ii) after paragraph (a) insert “, and

“(b) the extent to which the landlord has complied with the pre-action protocol specified by the Scottish Ministers in regulations.”,

(b) after subsection (8) insert—

“(9) Regulations under subsection (4A)(b) may make provision about—

(a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy),

(b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy,

(c) such other matters as the Scottish Ministers consider appropriate.

(10) Regulations under subsection (4A)(b) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).”.

(3) In section 53(2) (orders and regulations), after “above” insert “or regulations under section 18(4A)(b)”.