Housing (Scotland) Act 2025

Housing (Scotland) Act 2025

2025 asp 13

Crown Application

Part 2 – Dealing With Evictions

Evictions: duties to consider delay

Section 28 - Private residential tenancies: duty to consider delay to eviction

94. Under section 51 of the 2016 Act, the Tribunal may issue an eviction order against a tenant under a PRT if, on application by the landlord, it finds that an eviction ground applies. The tenancy comes to an end on the day specified in the eviction order.

95. Section 28 of the 2025 Act inserts new section 51A into the 2016 Act. This new section provides that the Tribunal must, when specifying in an eviction order the day when a tenancy comes to an end, consider if it would be reasonable to delay the ending of the tenancy. In doing so, the Tribunal may consider if the absence of a delay would cause the tenant, the tenant’s household or the landlord financial hardship or have certain other detrimental effects.

96. The Tribunal may consider, for example, whether disruption caused by the ending of a tenancy during exam periods for school-aged children or University students would have a detrimental effect on the health of the tenant or a member of the tenant’s household and, accordingly, whether it would be reasonable to delay the ending of the tenancy. Periods of religious observance and some traditional festive periods could also result in a tenant or a member of the tenant’s household experiencing heightened physical, emotional or financial stresses. The Tribunal may also therefore consider, for example, whether the ending of a tenancy during or around any such period might cause the tenant or a member of the tenant’s household to experience financial hardship or have a detrimental effect the individual’s health and, accordingly, whether it would be reasonable to delay the ending of the tenancy. The Tribunal may also decide that it is reasonable in the circumstances to delay the ending of the tenancy for other reasons.

97. This duty to consider a delay does not apply if the eviction ground is based only on one or more of the eviction grounds named in section 51A(5)(a) to (c). These eviction grounds are that the tenant is not occupying the let property as the tenant’s home, that the tenant has a relevant conviction, and that the tenant has engaged in relevant anti-social behaviour. Each paragraph refers to the ground of that name in schedule 3 of the 2016 Act (see definition of “eviction ground” in section 78(1) of the 2016 Act).