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Coronavirus (Scotland) Act 2020

Private residential tenancies: eviction grounds to be discretionary

18.Subparagraph 1 of paragraph 1 of schedule 1 provides that the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”) applies, in relation to a notice to leave within the meaning of section 62 of the 2016 Act, as modified by paragraphs 1 and 2 of schedule 1 during the period that the Coronavirus (Scotland) Act 2020 is in force (“the relevant period”). Subparagraph 2 of paragraph 1 modifies paragraph 51(2) of the 2016 Act to provide that the grounds for eviction under schedule 3 of the 2016 Act are each to be made discretionary during the relevant period. Subparagraph (3) makes changes to existing mandatory grounds of eviction to enable the Tribunal to consider the reasonableness of making an eviction order in each case during the relevant period.

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