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The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020
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Draft Legislation:
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 No. 304
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations introduce pre-action requirements for (1) proceedings for possession of a house let on an assured or short assured tenancy (created under the Housing (Scotland) Act 1988) and (2) an application for an eviction order against the tenant under a private residential tenancy (created under the Private Housing (Tenancies) (Scotland) Act 2016).
Section 18(3C) of the 1988 Act requires the First-tier Tribunal, in considering whether it is reasonable to make an order against the tenant, to consider the extent to which the landlord has complied with pre-action requirements before raising the proceedings for possession.
Paragraph 12(3B) of schedule 3 of the 2016 Act requires the First-tier Tribunal, in considering for the purposes whether it is reasonable to issue an eviction order against the tenant, to consider the extent to which the landlord has complied with pre-action requirements before applying for the eviction order.
Regulations 3 and 4 specify the pre-action requirements.
Regulations 5 and 6 specify that the pre-action requirements apply to proceedings for recovery of possession or to applications for an eviction order which are commenced by the landlord on or after 6 October 2020.
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