The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020

Paragraph 2 - private residential tenancies: regrouping of notice periods

3.  In paragraph 2(2) of schedule 1 (private residential tenancies: extension of notice periods)—

(a) in subsection (2)(b) of the text that is to be read as if it were substituted into section 54 of the 2016 Act, before “expires” insert “in the case of a notice served before 3 October 2020,”,

(b) after subsection (2)(b) of the text that is to be read as if it were substituted into section 54 of the 2016 Act, insert—

“(c) in the case of a notice served on or after 3 October 2020, expires on the day falling—

(i) 28 days after it begins if subsection (3B) applies,

(ii) three months after it begins if subsection (3C) applies,

(iii) six months after it begins if neither subsection (3B) nor (3C) applies.”,

(c) after subsection (3A) of the text that is to be read as if it were substituted into section 54 of the 2016 Act, insert—

“(3B) This subsection applies if the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following—

(a) that the tenant is not occupying the let property as the tenant’s home,

(b) that the tenant has a relevant conviction,

(c) that the tenant has engaged in relevant anti-social behaviour, or

(d) that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour.

(3C) This subsection applies if—

(a) the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following—

(i) that the landlord intends to live in the let property,

(ii) that a member of the landlord’s family intends to live in the let property,

(iii) that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004,

(iv) that the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006, or

(b) the only eviction grounds stated in the notice to leave are—

(i) an eviction ground, or grounds, mentioned in subsection (3B), and

(ii) an eviction ground, or grounds, mentioned in paragraph (a).”.