Overview of Cost of Living (Tenant Protection) (Scotland) Bill 2022

Applies to most but not all social tenancies, private tenancies and purpose-built student accommodation.
- Exemptions include Regulated Tenancies, Common Law tenancy, Lodgers agreements.

Rent Cap (aka Rent Freeze)

Your landlord can only raise your rent charge if

Issued valid RENT NOTICE PAPERWORK dated on or after the 6th September 2022 and,
After a Rent Officer or the First Tier Tribunal has made the decision that your rent can be increased and determined by how much and the date the increased rent will be due.

Eviction Moratorium (aka Eviction Ban)

There is NOT A BAN on eviction and only applies if your landlord has applied to the Sheriff Court or First Tier Tribunal on or after 6^th September.

Delay/Postponement of the ENFORCEMENT of an Eviction Order

It is a delay/postponement on the Enforcement of any Eviction Order granted that is delayed or postponed till after the 31^st March 2023 or until the legislation is no longer in place.

Landlords can still issue you with Notice paperwork
Landlords can still apply to the Sheriff Court or First Tier Tribunal for an Eviction Order.
If granted, the enforcement of the eviction will be delayed/postpone for up to 6 months or to when the temporary legislation is no longer in force.

NO Delay/Postponement of the ENFORCEMENT of an Eviction Order

The Sheriff Court or First Tier Tribunal will not apply a delay/ postponement to the Enforcement of an Eviction Order in certain circumstances (Grounds)

Substantial Rent Arrears
- Social tenants- rent arrears of £2250 or more.
- Private tenants- rent arrears equivalent to 6 months’ rent charge or more.
Anti-Social Behaviour which includes criminal activity
Abandonment
Tied Tenancy (linked to employment).
Disrepair based Grounds
- Social tenants- property to be demolished
- Private tenants- substantial Disrepair.
Financial Hardship of a Private Landlord
- Landlord or Lender needs to sell the property.
- Landlord needs to live in the property.

Unlawful Evictions

The legislation has increased the damages that can be awarded in cases where an unlawful eviction has taken place.