Temporary rent cap and eviction protections brought in by the Cost of Living (Tenant Protection) Act 2022 will no longer apply from 1 April 2024.
This date is built into the legislation and cannot be extended further.
Temporary moratorium (pause) on evictions
There is a temporary pause on evictions to help people who rent their home and students in college and university halls, and Purpose Built Student Accommodation.
The temporary pause applies to the enforcement of evictions issued on or after 6 September 2022.
The eviction pause will not apply if you are evicting a tenant because they have engaged in antisocial or criminal behaviour.
To be able to evict for one of these reasons you will need to get a decree from the sheriff court. This is normally done during the summary cause procedure.
When you apply to the court you will need to show that the tenant behaved in an anti-social manner towards another person and that the behaviour was within, or in the locality of, the rented accommodation.
You will need to include information showing that a tenant received a “relevant conviction” This means a conviction punishable by imprisonment and that it was either:
- committed by using, or allowing the use of, the rented accommodation for an immoral or illegal purpose
- committed within, or in the locality of, the rented accommodation
You must clearly describe the circumstances of anti-social or criminal behaviour in your application to the court. You should use the language in paragraphs 2 and 3 of schedule 2 to the Act,. This will make it easier for the sheriff officers to determine if the reason for the eviction was anti-social or criminal behaviour.
Students should continue to pay their rent. If tenants are experiencing financial difficulties you can work with them to try to find a solution.
Every college and university has a Discretionary Fund that students can apply to. These funds are intended to provide assistance, for example with housing or travel costs, for students who experience financial difficulty accessing or remaining in further and higher education. They are allocated by Scottish Ministers and administered by individual colleges and universities. Each institution is responsible for deciding which students should receive payments from this fund and how much each payment should be.
Students can find out about the funds and how to apply for them from the student finance officer at their college or university. The student finance officer will also be able to advise of any other sources of funding that students may be eligible for.
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