Coronavirus (Scotland) Act 2020 Explanatory Notes

Assured tenancies: extension of notice periods

25.Paragraph 4 modifies the Housing (Scotland) Act 1988 during the relevant period and provides that a notice under section 19 (notice of proceedings for possession) or section 33(1)(d) (notice of recovery of possession of short assured tenancy) of that Act has effect as if the 1998 Act was modified in accordance with this paragraph.

26.Subparagraph (2) of paragraph 4 modifies section 19 of the 1988 Act during the relevant period. In terms of the substituted section 19(4), the notice of proceedings for possession must be served two months, three months or, as the case may be, six months before proceedings commence. The minimum period of notice which will apply will depend on the grounds for repossession used by the landlord, as outlined in substituted section 19(4).

27.Subparagraph (3) of paragraph 4 modifies section 33 of the 1988 Act to provide that, during the relevant period, a notice of recovery of possession in relation to a short assured tenancy is required to be given to the tenant by the landlord at least six months before the Tribunal may make an order for possession.

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