Private residential tenancies
On 1 December 2017, a new type of tenancy – the private residential tenancy – came into force, replacing the assured and short assured tenancy agreements for all new tenancies.
These are covered in the Private Housing (Tenancies) (Scotland) Act 2016.
Grounds for eviction
There are 18 grounds for eviction.
1Sch 3 PH(T)(S)A 2016The tribunal can issue an eviction order where the client is three months or more in arrears and the tribunal believes it is reasonable to do so.
2Sch 3 para 12(1) PH(T)(S)A 2016 However, before issuing an order, the tribunal must consider:
3Sch 3 para 12(4) PH(T)(S)A 2016•whether the arrears are wholly or partly because of a delay or failure in the payment of a relevant benefit (eg, UC or HB); and
•the extent to which the landlord has complied with the pre-action protocol.
Pre-action protocol
A landlord in an action for repossession must comply with the pre-action protocol (see
here).
Advisers should check whether the pre-action protocol has been adequately followed by the landlord, as failure to do so can result in the action being dismissed.
Notice to leave
A tenant with a private sector tenancy must be served with a ‘notice to leave’. A copy of the notice is set out in Schedule 5 of the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017.
4The notice period for rent arrears is 28 days.
5s54 PH(T)(S)A 2016If the client decides not to leave, the landlord must apply to the tribunal for an eviction order.