ARLA Propertymark compliance update on Scottish possession Regulations

ARLA Propertymark has issued a compliance update on dealing with new possession rules and Regulations in Scotland.


The Scottish Government has introduced regulations that change the length of notice periods landlords must provide tenants when using certain grounds for possession whilst the Coronavirus (Scotland) Act 2020 is in force.

The changes found in the Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 will apply to all notices served on or after the 3 October 2020 and are focused on the grounds of anti-social behaviour or criminal activity.

If you are using any of the grounds for eviction specified below, the notice period is now changed from three months to 28 days.

Private Residential Tenancies

Any of the following grounds:

(i) the tenant has a relevant conviction,

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

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

(iv) the tenant not occupying the let property as the tenant’s home.

Assured and Short Assured Tenancies

Ground 15 – conviction for a relevant offence, acting in an anti-social manner or pursued a course of anti-social conduct.

Tenancies under the Rent (Scotland) Act 1984

Case 2 – nuisance, annoyance or conviction for using the house for immoral or illegal purposes.

Scottish secure tenancies

The grounds specified in paragraphs:

2. relevant conviction,

7. anti-social behaviour or harassment and

8. nuisance, annoyance or harassment


These are the only grounds that have been amended by the regulations and the extended notice periods introduced by the Coronavirus (Scotland) Act 2020 remain in force.

It is likely the Scottish Government will amend the Notice to Leave and Easy Read Notes to reflect these changes.

Daryl McIntosh, Strategic Development Manager for Scotland said:

“The newly introduced changes to regulations are positive for landlords and agents dealing with nuisance tenants. Tenants have the right to secure and safe homes but in turn, landlords also have a right to return of their property when it is has been subject to the likes of anti-social behaviour, criminal activity or neglect.

“We hope that reducing the notice periods for these grounds means landlords and agents can lawfully recover properties more easily.”


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