Special rules for public sector (councils and housing associations) and private tenants during the Covid-19 pandemic

Special rules for public sector (councils and housing associations) and private tenants during the Covid-19 pandemic

The Scottish Government has brought in special rules to help tenants during the pandemic. It is also providing financial support for tenants and also landlords. These include the following:

  • In most cases landlords need to give tenants 6 months’ notice, unless they are ending the tenancy for particular reasons, including antisocial and criminal behaviour by the tenant, or where the landlord or their family need to move into the property where the notice period is 3 months.
  • Legislation also temporarily makes all grounds for eviction in the private rented sector “discretionary”. That means that the Housing and Property Tribunal will be able take into account all factors relating to the impact of COVID-19 has had on both the landlord and tenant into account before deciding whether to issue an eviction order or not.
  • The new law applies in cases where a landlord serves notice on their tenant on or after 7 April 2020. It does not apply where notice served before 7 April 2020. There is also a ban on the enforcement of an eviction order by Sheriff Officers (until 30 September 2021) in areas subject to level 3 or 4 protection areas, with review every three weeks.( Exceptions are made where the cases are for serious anti-social behaviour or criminality, including domestic abuse
  • Local councils may be able to provide temporary accommodation in a hotel or bed and breakfast for a person who needs to self-isolate or keep to physical distancing rules.
  • Tenants may be able to get help with the payment of rent from Universal Credit, Discretionary Housing Payment, Scottish Welfare Fund.
  • A Tenant Hardship Loan Fund can help tenants with loan for rent arrears, or up to 3 months future rent. Landlords may also be able to get loans to cover arrears of rent from their tenants.

Please note that these are temporary rules because of the crisis, and may be changed or ended at short notice. For further details of these temporary changes to legislation, and the assistance and support that is available, these are helpful links on the Scottish Government website:

https://www.mygov.scot/private-rental-rights/

https://www.gov.scot/publications/coronavirus-covid-19-landlord-and-letting-agent-faqs/

https://www.mygov.scot/social-rental-rights/

This page was written on 16 June 2021.

  • Beyond Brexit: Building Belonging, Justice, and Support for EU Citizens in Scotland

    Beyond Brexit: Building Belonging, Justice, and Support for EU Citizens in Scotland

    Reflections from the Europe Day Conference 2025 How do we build a fairer Scotland for migrants — not just in law, but in lived experience? That was the central question at the heart of Europe Day 2025, hosted by Citizens Rights Project at the French Institute in Edinburgh. The day offered space to reflect on…

  • Citizens Rights Project meets with Scottish MPs in Westminster

    Citizens Rights Project meets with Scottish MPs in Westminster

    On Thursday 27 March a representation of Citizens Rights Project – Noelia Martinez (CEO), Agota Rauktyte (Outreach and Link Officer), and Paweł Kopeć (Outreach Officer) travelled to London to meet with Scottish MPs. Thanks to the help of Chris Murray MP (our local MP for Edinburgh East and Musselburgh, who has been very supportive of our…

  • Scottish Rent Caps Ending: Key Changes for Private Tenants

    Scottish Rent Caps Ending: Key Changes for Private Tenants

    Rent caps are ending on 1st April 2025. Tenants will still be able to challenge their rent increase if they feel it is unreasonable, but this will be riskier as current protections will be removed. Read more to find out what is changing, and what to do if you receive a rent increase notice before…

  • Chris Murray MP Visits Citizens Rights Project 

    Chris Murray MP Visits Citizens Rights Project 

    MP for Edinburgh East and Musselburgh welcomed to Citizens Rights Project ahead of their visit to Westminster.