Coronavirus (Scotland) Act 2020

Scottish secure tenancies: extension of notice periods S

7 (1) The Housing (Scotland) Act 2001 applies, in relation to a notice served on a tenant under section 14(2)(a) or 36(2)(a) of that Act while this paragraph is in force, in accordance with the modifications in this paragraph. S

(2) Section 14 (proceedings for possession) has effect as if—

(a) for subsection (4)(b)(i) there were substituted—

[F1 “(i) the date calculated in accordance with—

(A) subsection (4A), where the notice is served before 3 October 2020,

(B) subsection (4E), where the notice is served on or after 3 October 2020, or”],

(b) after subsection (4) there were inserted—

“(4A) For the purpose of [F2 subsection (4)(b)(i)(A)], the date is the date falling—

(a) 4 weeks after the date of service of the notice if subsection (4B) applies,

(b) 3 months after the date of service of the notice if subsection (4C) applies,

(c) 6 months after the date of service of the notice if subsection (4D) applies.

(4B) This subsection applies if the notice under subsection (2) specifies only the ground set out in paragraph 5 of schedule 2.

(4C) This subsection applies if the notice under subsection (2) specifies a ground set out in any of the following paragraphs of schedule 2 (whether with or without also specifying the ground referred to in subsection (4B))—

(a) paragraph 2,

(b) paragraphs 6 to 8.

(4D) This subsection applies if the notice under subsection (2) specifies a ground set out in any of the following paragraphs of schedule 2 (whether with or without other grounds)—

(a) paragraph 1,

(b) paragraph 3 or 4,

(c) paragraphs 9 to 15.

[F3 (4E) For the purpose of subsection (4)(b)(i)(B), the date is the date falling—

(a) 4 weeks after the date of service of the notice if subsection (4F) applies,

(b) 3 months after the date of service of the notice if subsection (4G) applies,

(c) 6 months after the date of service of the notice if subsection (4H) applies.

(4F) This subsection applies if the notice under subsection (2) specifies only a ground, or grounds, set out in any of the following paragraphs of schedule 2—

(a) paragraph 2,

(b) paragraph 5,

(c) paragraph 7 or 8.

(4G) This subsection applies if the notice under subsection (2) specifies the ground set out in paragraph 6 of schedule 2 (whether with or without also specifying one or more of the grounds referred to in subsection (4F)).

(4H) This subsection applies if the notice under subsection (2) specifies a ground set out in any of the following paragraphs of schedule 2 (whether with or without other grounds)—

(a) paragraph 1,

(b) paragraph 3 or 4,

(c) paragraphs 9 to 15.”].

(3) Section 36 (recovery of possession of short Scottish secure tenancies) has effect as if—

(a) for subsection (3)(b)(i), there were substituted—

“(i) the date calculated in accordance with subsection (3A), or such longer period from the date of service of the notice as the tenancy agreement may provide, or”,

(b) after subsection (3) there were inserted—

“(3A) For the purpose of subsection (3)(b)(i), the date is the date falling—

(a) 2 months from the date of service of the notice if subsection (3B) applies,

(b) 6 months from the date of service of the notice if subsection (3C) applies.

(3B) This subsection applies if the tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6.

(3C) This subsection applies if the tenancy is a short Scottish secure tenancy by virtue of any of paragraphs 3 to 7A of schedule 6.”,

(c) in subsection (8), for the words which are to be read as if they were substituted for paragraph (b) of section 14(4) there were substituted—

“(b) a date, not earlier than the date calculated in accordance with subsection (4A) [F4 or (4E)], on or after which the landlord may raise proceedings for recovery of possession,”.

Textual Amendments

F1 Words in sch. 1 para. 7(2)(a) substituted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 6(1)(a)

F2 Words in sch. 1 para. 7(2)(b) substituted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 6(1)(b)(i)

F3 Words in sch. 1 para. 7(2)(b) inserted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 6(1)(b)(ii)

F4 Words in sch. 1 para. 7(3)(c) inserted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 6(2)