COVID-19: Support for tenants and landlords

Author: Kate Berry

PDF Published: Thursday 20 May 2021 (SB 21-26)

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Overview
Report

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Overview
Report
- Summary
- Introduction
- Summary of eviction process
- Temporary changes in response to COVID-19
  - Longer notice periods
  - Eviction grounds in private rented cases are discretionary
  - Rent arrears and pre-action requirements
  - Ban on enforcement of eviction orders
- Support for tenants and landlords
  - Support for tenants
  - Support for landlords
- What next?
  - Increasing rent arrears
  - A rise in evictions?
- Sources of further information
Sources

Simplified diagram of eviction process. Starts with landlords serving notice to their tenants. If a sheriff court or Tribunal approves an eviction there is still an appeal period before an eviction can be enforced.

Image: Figure 1: Simplified diagram of the eviction process for social and private rented sector tenants

Scottish Government . (2021, March 18). Supporting communities funding: speech by Communities Secretary 18 March 2020. Retrieved from https://www.gov.scot/publications/supporting-communities-funding-statement/ [accessed 20 April 2021]

Scottish Government . (2020, March 31). Coronavirus (Scotland) Bill: Policy Memorandum . Retrieved from Coronavirus (Scotland) Bill [accessed 20 April 2021]

Scottish Government. (2021, April). Coronavirus Acts: Sixth Report to Scottish Parliament. Retrieved from https://www.gov.scot/publications/coronavirus-acts-sixth-report-scottish-parliament/ [accessed 15 2021]

Scottish Parliament . (2020, December 9). Scottish Parliament written question S5W-33619. Retrieved from https://www.parliament.scot/chamber-and-committees/written-questions-and-answers/question?ref=S5W-33619 [accessed 22 April 2021]

Shelter Scotland . (2020). Shelter Scotland: How much notice should I get? . Retrieved from https://assets.ctfassets.net/6sqqfrl11sfj/25HMSJ97ObjnYqG8nn722f/e8b84e9375a14dc4780793ed4b99eeff/Shelter_Scotland_Factsheet_-_Notice_Periods_for_Private_Residential_Tenants.pdf [accessed 20 April 2021]

Shelter Scotland . (n.d.) https://assets.ctfassets.net/6sqqfrl11sfj/N6rGpm861KryaUEFjOMFv/f0b71ea7ca13449cf6f35cfcee4e56fa/Shelter_Scotland_Factsheet_-_Notice_Periods_for_Scottish_Secure_Tenants.pdf. Retrieved from https://assets.ctfassets.net/6sqqfrl11sfj/N6rGpm861KryaUEFjOMFv/f0b71ea7ca13449cf6f35cfcee4e56fa/Shelter_Scotland_Factsheet_-_Notice_Periods_for_Scottish_Secure_Tenants.pdf [accessed 20 April 2021]

Scottish Government . (2020, October 9). Coronavirus (COVID-19): pre-action requirements and seeking repossession of private rented housing on rent arrears grounds. Retrieved from https://www.gov.scot/publications/coronavirus-covid-19-guidance-for-private-landlords-on-seeking-repossession-of-private-rented-housing-on-rent-arrears-grounds/ [accessed 20 April 2021]

Scottish Government. (2021, March). Housing to 2040. Retrieved from https://www.gov.scot/publications/housing-2040-2/ [accessed 8 March 2021]

Scottish Housing News . (2021, September 24). Scottish Greens call for winter evictions ban. Retrieved from https://www.scottishhousingnews.com/article/scottish-greens-call-for-winter-evictions-ban [accessed 20 April 2021]

Scottish Parliament. (2020, December 3). Official Report Meeting of the Parliament Thursday 3 December.. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12988&mode=pdf [accessed 21 April 2021]

Scottish Government . (2021, December 3). Christmas eviction ban introduced. Retrieved from https://www.gov.scot/news/christmas-eviction-ban-introduced/ [accessed 20 April 2021]

Scottish Government . (2021, May 14). Glasgow and Moray to remain in Level 3. Retrieved from https://www.gov.scot/news/glasgow-and-moray-to-remain-in-level-3/ [accessed 2021 May 2021]

Scottish Government. (2021, April 6). Scottish Welfare Fund, Self-Isolation Support Grant and Discretionary Housing Payments: monthly data to Feburary 2021. Retrieved from https://www.gov.scot/publications/swf-monthly-management-information/ [accessed 8 April 2021]

Scottish Fiscal Commission. (2021, January 28). Scotland’s Economic and Fiscal Forecasts January 2021: Social Security Supplementary Tables. . Retrieved from https://www.fiscalcommission.scot/wp-content/uploads/2021/01/Scotlands-Economic-and-Fiscal-Forecasts-January-2021-Chapter-5-Social-Security-Supplementary-Tables.xlsx

Scottish Government. (2020, September 1). Supporting tenants . Retrieved from https://www.gov.scot/news/supporting-tenants/ [accessed 1 April 2021]

Scottish Parliament. (2021, February 26). Scottish Parliament written question S5W-35564. Retrieved from https://www.parliament.scot/chamber-and-committees/written-questions-and-answers/question?ref=S5W-35564 [accessed 8 April 2021]

BBC. (2021, March 3). Budget 2021: Sunak announces extension to universal credit £20 top up. Retrieved from https://www.bbc.co.uk/news/uk-politics-56268229#:~:text=Budget%202021%3A%20Sunak%20announces%20extension%20to%20universal%20credit%20%C2%A320%20top%20up,-3%20March&text=The%20chancellor%20has%20announced%20that,those%20hit%20hardest%20by%20coronavirus. [accessed 8 April 2021]

HM Treasury. (2020, May 22). Help with mortgages to continue for homeowners affected by Coronavirus. Retrieved from https://www.gov.uk/government/news/help-with-mortgages-to-continue-for-homeowners-affected-by-coronavirus [accessed 22 April 2021]

UK Finance. (2021, February 11). Arrears and Possessions Q4 2020. Retrieved from https://www.ukfinance.org.uk/data-and-research/data/mortgages/arrears-and-possessions [accessed 22 April 2021]

UK Finance . (2021). Mortgage lenders support extension to moratorium on possessions until 1 April 2021. Retrieved from https://www.ukfinance.org.uk/press/press-releases/mortgage-lenders-support-extension-to-moratorium-on-possessions-until-1-april-2021 [accessed 8 April 2021]

Scottish Government. (2020, May 5). Aid for private rental landlords. Retrieved from https://www.gov.scot/news/aid-for-private-rental-landlords/ [accessed 1 March 2021]

Scottish Parliament. (2020, December 9). Scottish Parliament Writen question S5W-33656. Retrieved from https://www.parliament.scot/chamber-and-committees/written-questions-and-answers/question?ref=S5W-33656 [accessed 8 April 2021]

Wilson, W. (2021, April 12). Coronavirus: Support for landlords and tenants. Retrieved from https://commonslibrary.parliament.uk/research-briefings/cbp-8867/ [accessed 22 April 2021]

Scottish Housing News. (202, April 1). SFHA welcomes evictions measures in Coronavirus (Scotland) Bill. Retrieved from https://www.scottishhousingnews.com/article/sfha-welcomes-evictions-measures-in-coronavirus-scotland-bill [accessed 8 April 2021]

Scottish Housing Regulator. (2021, March 31). COVID-19 Monthly Report February 2021. Retrieved from https://www.housingregulator.gov.scot/media/1636/covid-19-monthly-report-february-2021.pdf [accessed 4 April 2021]

Glasgow and West of Scotland Forum of Housing Associations. (2021). Notice periods and the evictions ban - a sense of not being trusted?. Retrieved from https://gwsf.org.uk/notice-periods-and-the-evictions-ban-a-sense-of-not-being-trusted/ [accessed 8 April 2021]

Scottish Association of Landlords . (2020). Rent arrears fear for landlords despite pandemic discounts. Retrieved from https://scottishlandlords.com/news-and-campaigns/news/rent-arrears-fear-for-landlords-despite-pandemic-discounts/ [accessed 22 April 2021]

Payprop. (2020). 2020 in Review. Retrieved from https://f.hubspotusercontent10.net/hubfs/8690612/Downloads/PayProp%20UK%20Special%20Report%20%E2%80%93%202020%20in%20review.pdf [accessed 15 March 2021]

Resolution Foundation. (2020, October). Coping with housing costs six months on . Retrieved from https://www.resolutionfoundation.org/app/uploads/2020/10/Housing-costs-spotlight.pdf [accessed 8 2021]

McCormick, J., & Hay, D. (2020). A stronger Scottish lifeline in the economic storm. Retrieved from https://www.jrf.org.uk/report/stronger-scottish-lifeline-economic-storm [accessed 5 May 2021]

Resolution Foundation . (2021, February). Getting ahead on falling behind . Retrieved from https://www.resolutionfoundation.org/app/uploads/2021/02/Getting-ahead-on-falling-behind.pdf?utm_source=HOC+Library+-+Current+awareness+bulletins&utm_campaign=e128bbda8b-Current_Awareness_Social_Policy_I_16-02-2021&utm_medium=email&utm_term=0_f325cdbfdc-e128bbda8b-103780058&mc_cid=e128bbda8b&mc_eid=cd2f1adce4 [accessed 8 April 2021]

Joseph Rowntree Foundation . (2021, May 17). A just recovery for renters. Retrieved from https://www.jrf.org.uk/report/just-recovery-renters [accessed 17 2021]

Scottish Parliament COVID-19 Committee. (2021, March 4). Official Report 4 March 2021. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=13174&mode=pdf [accessed 22 April 2021]

Indigo House in association with IBP Strategy and Research. (2020, August). Rent Better Wave 1 Baseline Report . Retrieved from https://rentbetter.indigohousegroup.com/wp-content/uploads/sites/3/2020/11/Wave-1-Baseline-Report-published.pdf [accessed 8 April 2021]

House of Commons Housing, Communities and Local Government Committee. (2021, March 22). Protecting the homeless and the private rented sector: MHCLG’s response to Covid-19. Retrieved from https://committees.parliament.uk/publications/5342/documents/53217/default/ [accessed 8 April 2021]

Living Rent. (2021, May 17). Tweet from Living Rent dated 17 May. Retrieved from https://twitter.com/Living_Rent/status/1394252528636899329 [accessed 18 May 2021]

Last Updated: 14/3 1:40am

Image: Figure 1: Simplified diagram of the eviction process for social and private rented sector tenants

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