Coronavirus (Scotland) Act 2020

2(1)The Private Housing (Tenancies) (Scotland) Act 2016 applies, in relation to a notice to leave within the meaning of section 62 of that Act served on a tenant while this paragraph is in force, in accordance with the modifications in this paragraph.S

(2)Section 54 (restriction on applying during the notice period) has effect as if for subsections (2) and (3) there were substituted—

“(2)The relevant period in relation to a notice to leave—

(a)begins on the day the tenant receives the notice to leave from the landlord, and

(b)[F1in the case of a notice served before 3 October 2020,] expires on the day falling—

(i)28 days after it begins if subsection (3) applies,

(ii)three months after it begins if subsection (3A) applies,

(iii)six months after it begins if neither subsection (3) nor (3A) applies.

[F2(c)in the case of a notice served on or after 3 October 2020, expires on the day falling—

(i)28 days after it begins if subsection (3B) applies,

(ii)three months after it begins if subsection (3C) applies,

(iii)six months after it begins if neither subsection (3B) nor (3C) applies.]

(3)This subsection applies if the only eviction ground stated in the notice to leave is that the tenant is not occupying the let property as the tenant's home.

(3A)This subsection applies if—

(a)the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following—

(i)that the landlord intends to live in the let property,

(ii)that a member of the landlord's family intends to live in the let property,

(iii)that the tenant has a relevant conviction,

(iv)that the tenant has engaged in relevant anti-social behaviour,

(v)that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour,

(vi)that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004,

(vii)that the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006, or

(b)the only eviction grounds stated in the notice to leave are—

(i)the eviction ground mentioned in subsection (3), and

(ii)an eviction ground, or grounds, mentioned in paragraph (a).

[F3(3B)This subsection applies if the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following—

(a)that the tenant is not occupying the let property as the tenant’s home,

(b)that the tenant has a relevant conviction,

(c)that the tenant has engaged in relevant anti-social behaviour, or

(d)that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour.

(3C)This subsection applies if—

(a)the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following—

(i)that the landlord intends to live in the let property,

(ii)that a member of the landlord’s family intends to live in the let property,

(iii)that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004,

(iv)that the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006, or

(b)the only eviction grounds stated in the notice to leave are—

(i)an eviction ground, or grounds, mentioned in subsection (3B), and

(ii)an eviction ground, or grounds, mentioned in paragraph (a).”].

(3)Section 64 (six month periods) has effect as if for it there were substituted—

“64Three or six month periods

(1)A reference in this Part to a period of three or, as the case may be, six months (however expressed) is to a period which ends in the month which falls three or, as the case may be, six months after the month in which it began, either––

(a)on the same day of the month as it began, or

(b)if the month in which the period ends has no such day, on the final day of that month.

(2)Subsection (1) does not apply in relation to the references to six months in section 59.”.