By Louise Walker, Trainee Solicitor

What does this mean for Landlords and Tenants?

The Coronavirus (Extension and Expiry) (Scotland) Act 2021 received Royal Assent on 4th August 2021 and came into force on 5th August 2021.

The Coronavirus (Scotland) Act 2020 put in place emergency provisions until 30 September 2021. The purpose of the 2021 Act is to extend certain provisions of the 2020 Act until 31st March 2022. It is possible that this may be further extended until 30 September 2022.

For landlords and tenants, the significance of the 2021 Act is that it extends the current restrictions and extended notice periods in relation to residential tenancies and the irritancy period in respect of commercial lets. As such, the 2021 Act continues the following:

  • Notice periods in relation to Notices to Quit and Notices to Leave for residential tenancies
  • The discretion of the First Tier Tribunal in all circumstances
  • The requirement to provide 14 weeks notice for irritancy in respect of commercial leases
  • Rights for tenants in student accommodation to end their tenancy early

Whilst this may be a welcomed relief for tenants, these restrictions are a further considerable obstacle for landlords who wish to evict tenants. Whilst these restrictions extend the periods of time that tenants are permitted before any eviction proceedings can be contemplated, it is important to note that the 2021 Act does not ban evictions.