Landlord Certificates Glasgow

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Landlord Certificates Glasgow

EICR Glasgow

PAT Testing Glasgow

Electrical Boilers in Glasgow

What are electric boilers?

Electric boilers are a method of heating hot water for your heating system using only electricity. A typical boiler uses gas to heat the water, whilst an electric boiler can be used in off-grid areas, or where a gas supply is either not wanted or not possible. This a new method of creating hot water and a new installation of the boiler unit would need to be carried out.

Landlord Certificate?

You would initially need to carry out checks to see what electrical system you have in your property, This would involve an EICR report carried out on your property, if you are a landlord in Glasgow you would be used to this by way of yearly landlord certificates that you would require. As long as you have modern wiring, and unto date consumer unit / fuseboard the installation can go ahead without additional works required.

Landlord Certificates Glasgow

How do electric boilers work?

The boiler itself is very simple. It can come in various shapes and forms, but typically you will see a unit that has the water running through it, being heated via a heating element, just like you would a kettle. You will sometimes see long slim units that are designed to create maximum surface area to heat the water.

What are the advantages of electric boilers?

Electric boilers can be advantageous in certain situations. They are very simple pieces of technology, so they don’t need a lot of space, and can be placed almost anywhere in a property because they don’t need a flue or a gas pipe run to them. Very little heat is lost in the process of heating the water, so electric boilers are almost 100% efficient.

They tend to be easier to install and they obviously don’t need a Gas Safe engineer. The simplicity of the system and the installation process means that the overall cost of installation is going to be much less than a gas boiler.

What are the disadvantages of electric boilers?

Of course, if electric boilers were the best solution, you would see them everywhere, but you don’t. There are downsides to electric boilers – let me run you through the key points. Gas is considerably cheaper than electricity, at about 30% of the price. That means the cost of heating water using electricity is going to be a lot higher, even if you have a very efficient system.

That much is fairly obvious, but even when you compare electric boilers to other forms of electric heating, the electric boiler doesn’t necessarily come out on top. If you compare it to infrared, for example, an electric boiler will be more expensive to run.

Electric boilers probably have their place in certain properties. They are a simple, easy-to-install option but for many people there are going to be better ways to heat the home out there to look at. If gas isn’t an option, infrared, heat pumps or even oil boilers are all likely to be cheaper to run than electric boilers.

Landlord Certificates Glasgow

Landlord Safety

1. Introduction

The majority of landlords are proactive when it comes to ensuring the safety of their tenants and make a welcome contribution to the housing market. But a minority fail to do so, putting their tenants in danger as a result.

These new Regulations require landlords in Glasgow to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at least every 5 years. Landlords have to provide a copy of the electrical safety report to their tenants, and to their local authority if requested.

This means that all landlords now have to do what good landlords already do: make sure the electrical installations in their rented properties are safe.

The Regulations came into force on 1 June 2020 and form part of the Department’s wider work to improve safety in all residential premises and particularly in the private rented sector.

This is a major step towards levelling up the private rented sector, making sure it will offer high-quality, safe and secure housing. Along with our social and owner-occupied sectors, this is housing this country deserves.

This government values the contribution made by good landlords, the majority of whom provide well maintained, safe, secure and high-quality places to live, work and raise families.

Read the Regulations.

Read the Explanatory Memorandum to the Regulations.

2. What do the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require?

Landlords of privately rented accommodation must:

• Ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671.
• Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every 5 years.
• Obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test.
• Supply a copy of this report to the existing tenant within 28 days of the inspection and test.
• Supply a copy of this report to a new tenant before they occupy the premises.
• Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report.
• Supply the local authority with a copy of this report within 7 days of receiving a request for a copy.
• Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.
• Where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report.
• Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works.

3. Which rented properties do the Electrical Safety Regulations apply to?

The regulations came into force on 1 June 2020, they apply to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021. The relevant date for determining when the new requirements apply is the date on which the tenancy is granted. A new tenancy is one that was granted on or after 1 June 2020.

You may wish to seek advice if you are not clear on which date a tenancy was granted. Shelter and Citizen’s Advice provide advice on their websites.

If a private tenant has a right to occupy a property as their only or main residence and pays rent, then the Regulations apply. This includes assured shorthold tenancies and licences to occupy.

See guidance on tenancy types.

Exceptions are set out in Schedule 1 of the Regulations and include social housing, lodgers, those on a long lease of 7 years or more, student halls of residence, hostels and refuges, care homes, hospitals and hospices, and other accommodation relating to healthcare provisions.

4. What about Houses in Multiple Occupation (HMOs)?

A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from one ‘household’ (for example a family) but share facilities like the bathroom and kitchen. If an HMO is a tenant’s only or main residence and they pay rent, then these Regulations apply to the HMO.

The Management of Houses in Multiple Occupation (England) Regulations 2006 previously put specific duties on landlords around electrical safety. This requirement has now been repealed, and HMOs are now covered by the new Electrical Safety Regulations.

HMOs with 5 or more tenants are licensable. The Housing Act 2004 has been amended by these Regulations to require a new mandatory condition in HMO licences ensuring that every electrical installation in the HMO is in proper working order and safe for continued use. See guidance on HMO licences. 

5. The inspection

How do I find a ‘qualified and competent person’ to carry out the test?

The Regulations require landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at least every 5 years.

Guidance has been produced by the electrical safety industry that covers how landlords can choose a qualified and competent inspector and tester. This includes, but is not limited to:

• Electrical Safety Roundtable
• Registered Competent Person Electrical single mark and register

The electrical safety industry has established competent person schemes. Membership of these will not be compulsory to ensure there is no further pressure placed on the industry, nor undue burden placed on inspectors and testers.

When commissioning an inspection, in order to establish if a person is qualified and competent landlords can:

• check if the inspector is a member of a competent person scheme; or
• require the inspector to sign a checklist certifying their competence, including their experience, whether they have adequate insurance and hold a qualification covering the current version of the Wiring Regulations and the periodic inspection, testing and certification of electrical installations.

What standard should the electrical installation meet?

The standards that should be met are set out in the 18th edition of the Wiring Regulations.

The Regulations state that a landlord must ensure that electrical safety standards are met, and that investigative or remedial work is carried out if the report requires this.

The electrical installation should be safe for continued use. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work.

What will be inspected and tested?

The ‘fixed’ electrical parts of the property, like the wiring, the socket-outlets (plug sockets), the light fittings and the consumer unit (or fuse box) will be inspected. This will include permanently connected equipment such as showers and extractors.

What will happen in the inspection?

The inspection will find out if:

• any electrical installations are overloaded
• there are any potential electric shock risks and fire hazards
• there is any defective electrical work
• there is a lack of earthing or bonding – these are 2 ways of preventing electrical shocks that are built into electrical installations

What about electrical appliances like cookers, fridges, televisions etc?

The Regulations do not cover electrical appliances, only the fixed electrical installations.

We recommend that landlords regularly carry out portable appliance testing (PAT) on any electrical appliance that they provide and then supply tenants with a record of any electrical inspections carried out as good practice.

Tenants are responsible for making sure that any of their own electrical appliances are safe.

See guidance on portable appliance testing (PAT).

Tenants and landlords may consider registering their own electrical appliances with a product registration scheme. 

6. The report

Landlords must obtain a report (usually an Electrical Installation Condition Report or EICR) from the person conducting the inspection and test which explains its outcomes and any investigative or remedial work required.

Landlords must then supply a copy of this report to the tenant within 28 days of the inspection and test, to a new tenant before they occupy the premises, and to any prospective tenant within 28 days of receiving a request for the report.

If a local authority requests it, landlords must supply them with a copy of this report within 7 days of receiving the request.

If the report requires remedial work or further investigation, landlords must provide written confirmation that the work has been carried out to their tenant and to the local authority within 28 days of completing the work.

Landlords must retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.

What will the report show?

The electrical installation should be safe for continued use. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work.

Inspectors will use the following classification codes to indicate where a landlord must undertake remedial work.

• Code 1 (C1): Danger present. Risk of injury. The electrical inspector may make any C1 hazards safe before leaving the property.
• Code 2 (C2): Potentially dangerous.
• Further Investigation (FI): Further investigation required without delay.
• Code 3 (C3): Improvement recommended. Further remedial work is not required for the report to be deemed satisfactory.

If codes C1 or C2 are identified in on the report, then remedial work will be required. The report will state the installation is unsatisfactory for continued use.

If an inspector identifies that further investigative work is required (FI), the landlord must also ensure this is carried out.

The C3 classification code does not indicate remedial work is required, but only that improvement is recommended. Landlords don’t have to make the improvement, but it would improve the safety of the installation if they did.

What about new build properties or new electrical installations?

If a property is newly built or has been completely rewired, it should have an Electrical Installation Certificate known as an EIC.

Landlords can provide a copy of the EIC to tenants and, if requested, the local authority. The landlord will then not be required to carry out further checks or provide a report for 5 years after the EIC has been issued, as long as they have complied with their duty or duties under the Regulations.

7. Remedial work

If the report shows that remedial work or further investigation is required, as set out above, landlords must complete this work within 28 days or any shorter period if specified as necessary in the report. Landlords must then provide written confirmation that the work has been carried out to their tenant and to the local authority within 28 days.

What if I don’t do the remedial work?

If a local authority has reasonable grounds to believe that a landlord is in breach of one or more of the duties in the Regulations, they must serve a remedial notice on the landlord requiring remedial action.

Should a landlord not comply with the notice, the local authority may arrange for remedial action to be taken themselves.

The local authority can recover the costs of taking the action from the landlord. The landlord has the right of appeal against a demand for costs.

What if a tenant won’t let me in, or I can’t find an inspector?

A landlord is not in breach of their duty to comply with a remedial notice, if the landlord can show they have taken all reasonable steps to comply.

A landlord could show reasonable steps by keeping copies of all communications they have had with their tenants and with electricians as they tried to arrange the work, including any replies they have had. Landlords may also want to provide other evidence they have that the installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous safety reports.

Urgent remedial action

If the report indicates that urgent remedial action is required, and the landlord has not carried this out within the period specified in the report, the local authority may with the consent of the tenant arrange to carry out remedial work.

The local authority must authorise a qualified and competent person in writing to undertake the remedial action and give at least 48 hours’ notice to the tenant.

The costs for carrying out the remedial work can be recovered from the landlord.

Financial penalties

Local authorities may impose a financial penalty of up to £30,000 on landlords who are in breach of their duties.

Can I appeal against local authorities serving a notice, taking remedial action or a financial penalty?

Yes, landlords can appeal against the decision of a local authority.

In the first instance, landlords have 21 days to make written representations to a local authority against a remedial notice and the intention to impose a financial penalty. The remedial notice is suspended until the local authority considers representations. The local authority must inform the landlord of their decision within 7 days.

Landlords then have a right of appeal to the First-tier Tribunal against:

• The decision to take remedial action by the local authority. An appeal must be made within 28 days from the day on which a remedial notice is served.
• A demand for the recovery of costs made by the local authority following remedial action.
• The decision to take urgent remedial action by the local authority. An appeal must be made within 28 days from the day on which the work started.
• A financial penalty.

Appeals are made to the First-tier Tribunal (Property Chamber). See more information on the First-tier Tribunal (Property Chamber).

8. Further questions

What if a tenant won’t let me in, or I can’t find an inspector?

A landlord is not in breach of their duty to comply with a remedial notice, if the landlord can show they have taken all reasonable steps to comply.

A landlord could show reasonable steps by keeping copies of all communications they have had with their tenants and with electricians as they tried to arrange the work, including any replies they have had. Landlords may also want to provide other evidence they have that the installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous safety reports.

If an inspection took place and a satisfactory report was issued before the 18th edition of the Wiring Regulations came into force, but less than 5 years ago, will a landlord always need to have the property inspected again as soon as the Electrical Safety Regulations come into force?

Regulation 3 requires that landlords have the electrical installation inspected and tested at intervals of no longer than every 5 years. Electrical safety standards (the 18th edition of the Wiring Regulations) must be met throughout the period of that tenancy.

The 18th edition of the Wiring Regulations came into effect in 2019, so if a landlord already has a report for a property that was carried out after this date and has complied with all the other requirements of the Regulations, they won’t have to have another inspection for 5 years, provided the report does not state that the next inspection should take place sooner.

Existing installations that have been installed in accordance with earlier editions of the Wiring Regulations may not comply with the 18th edition in every respect. This does not necessarily mean that they are unsafe for continued use or require upgrading.

It is good practice for landlords with existing reports to check these reports and decide whether the electrical installation complies with electrical safety standards. Landlords might also wish to contact the inspector who provided a report to ensure the installation complies with electrical safety standards.

Will all installations have to comply with the 18th edition, even if they were installed before this edition was in force?

The Regulations state that a landlord must ensure that electrical safety standards are met, and that investigative or remedial work is carried out if the report requires this.

The electrical installation should be safe for continued use. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work.

Reports can also recommend improvement, in addition to requiring remedial work. If a report only recommends improvement but does not require any further investigative or remedial work to be carried out – indicated with a ‘C3’ classification code – then while it would be good practice to carry out this work, it would not be required to comply with the Regulations.

What about new build properties or new installations?

If a property is newly built or has been completely rewired, it should have an Electrical Installation Certificate known as an EIC.

Landlords can provide a copy of the EIC to tenants and, if requested, the local housing authority. The landlord will then not be required to carry out further checks or provide a report for 5 years after the EIC has been issued, as long as they have complied with their duty or duties under the Regulations.

Which tenancies do the new Regulations apply to?

If a private tenant has a right to occupy a property as their only or main residence and pays rent, then the Regulations apply. This includes assured shorthold tenancies and licences to occupy.

What about where tenancies ‘roll over’ into periodic tenancies? Will that count as a new tenancy?

Whether or not a ‘periodic’ tenancy is a new tenancy, as defined in Regulation 2, depends on the type of tenancy issued.

• For ‘contractual periodic tenancies’ – where it is written in the original tenancy agreement that on expiry of the fixed term the tenancy will become periodic – the periodic tenancy will be part of the same tenancy and no new tenancy will be created.
• For ‘statutory periodic tenancies’ – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) – the periodic tenancy will be a new tenancy.

Properties let on statutory periodic tenancies where the fixed term expires between July 2020 and April 2021 will require an inspection and test at this point under the Regulations.

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Landlord Rights 2021

Landlords' rights and responsibilities

This page provides an overview of the rights and responsibilities of being a landlord if you rent out property in Scotland.

COVID-19

The Scottish Government has published advice for landlords and letting agents.

Landlord Certificates Glasgow registration

If you are thinking of letting your home, it is vital that you are aware of your legal rights and obligations. One of the first things you will need to do is register as a landlord in Glasgow with every local authority area that you let a house out in. You can find out more about landlord registration here.

When a property is advertised, landlords have to include their registration number in all adverts.

The Right to Rent

From 1 February 2015 landlords who have rental properties in England and Wales have to check that tenants or lodgers can legally rent their property. 

These regulations only apply to properties in England and Wales, and do not apply to tenants or lodgers who rent property in Scotland.

Private residential tenancy

On 1 December 2017 a new type of tenancy came into force, called the private residential tenancy, it replaced assured and short assured tenancy agreements for all new tenancies.

If you were already renting out your property with an assured or short assured tenancy, on 1 December 2017, the tenancy will continue as normal until you or the tenant bring it to an end following the correct procedure. If you then offer the tenant a new tenancy this will be a private residential tenancy.

Repairs and maintenance

Landlords are generally responsible for the maintenance and major repairs to a property. This includes repairs to the structure and exterior of the property, heating and hot water installations, basins, sinks, baths and other sanitary installations. You need to be aware of how you should arrange access to the property - see Living in your accommodation for tenants' rights when landlords need access. You need to provide reasonable notice, at least 24 hours and get their permission.

Landlords have a duty to ensure that the houses they rent to tenants meet the repairing standard. If your property doesn't meet the repairing standard, The Housing and Property Chamber of the First Tier Tribunal can order you to carry out the necessary work. If you don't, you could face a financial penalty. 

You must keep a record of any gas safety checks and, usually, you must issue it to the occupier within 28 days of each annual check. Gas appliances must carry safety certificates from qualified engineers who are on the Gas Safe Register. For more information on your responsibilities as a landlord the 

By law, you must ensure that the electrical system and any electrical appliances supplied with the let, This is referred to as PAT Testing, such as cookers, kettles, toasters, washing machines and immersion heaters, are safe to use. If you are supplying new appliances, you should also provide any accompanying instruction booklets.You should also have a completed EICR Certificate if you are a landlord in Glasgow For more information on your responsibilities as a landlord, visit the National Inspection Council for Electrical Installation Contracting (NICEIC) website.

There are rules about smoke and heat alarms in privately rented properties, they need to be mains powered and interlinked. You'll need to make sure you have sufficient smoke and heat alarms. Check the Scottish Government guidance on fire safety. If you supply furniture or furnishings with the let, you must ensure that they meet the fire resistance requirements, sometimes known as the 'match test' in the Furniture and Furnishings Fire Safety Regulations 1988. There should be a symbol on your furniture to state that it is fire resistant, you can find out more and see examples of the labels here.

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House in Multiple Occupation (HMOs)

If you are planning to let your property out to three or more unrelated tenants, you must have a House in Multiple Occupation (HMO) licence. If you are not sure whether you need a licence for your property, you should contact your local authority for advice.

There are three main areas looked into when a property owner applies for an HMO licence: the suitability of an owner to be an HMO landlord, the management of the premises, and the physical condition and facilities of the accommodation. These things must be checked before a licence is granted.

The owner of a property must make the application for an HMO licence, even if the property is to be leased to or managed by another person or organisation. If someone other than you carries out the day-to-day management of the property (for example, a letting agent), they will be named on the licence as a joint licence holder.

Section 11 notices

If a landlord wants to evict a tenant via court then the landlord must tell the tenant's local council that they're planning on taking this course of action, this is called a section 11 notice.

The main function of a section 11 notice is to let the council know that an individual, or household, is at risk of becoming homeless. Once councils know about the court action they can try to intervene to see if the eviction can be halted, through mediation or other means. The notice also gives the council time to discuss alternative housing options with the tenant.

The section 11 duty does not interfere with the day-to-day management of a private rented properties. The normal process when a tenant leaves a property at the end date (sometimes called the ish date) of a tenancy is not complicated by the section 11 requirement. It is only when a landlord thinks that the only way that they are going to get the property back is via court action that these regulations have to be followed.

Energy performance certificates

If you're letting out a property to tenants, you must be able to produce a valid energy performance certificate free of charge to anyone interested in renting the property.

You also need to know the EPC rating of the property and include this rating in any advertising.

if you don't provide a Energy Performance Certificate or you fail to include the EPC rating in any advert for the property, then you may be liable to a fine of up to £1000.

A full list of organisations which can provide energy performance certificates is available from the Scottish Government.

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Registration for private landlords (Scotland)

For help with landlord certificates in Glasgow visit www.certificates4landlords.com

Overview

If you’re a landlord letting out your own property in Scotland, you must register with Landlord Registration central online system for Scotland.

Conditions

If you’re planning to rent your property out to 3 or more unrelated people, you’ll also need a House in Multiple Occupation (HMO) licence.

You must give the council:

• your name and current address
• the address of each house you own
• details of any co-owners
• details of any agent who will manage lease or occupancy arrangements for you
• any other information required

To become a registered private landlord, you must be a ‘fit and proper person’. The registration process will take into account:

• convictions for fraud, firearms, sexual, violent or drug offences
• any anti-social behaviour orders against you or any of your tenants
• any unlawful discrimination
• breaches of letting codes, housing law or landlord and tenant law

When you advertise your property for rent, you must give your registration number in the advertisement.

You must tell the council if your circumstances change or if any information you have provided is no longer correct. If you get an agent to manage lease or occupancy arrangements for you, then you must tell your local council and may have to pay a fee.

Restrictions

Your registration will be valid for 3 years from the date the council approves your application. After 3 years you will have to renew it.

How to apply

You’ll need to apply to your local council. You may need to pay a fee.

Fines and penalties

If you rent out a property without being a registered landlord, you could be:

• fined up to £50,000
• banned from being registered for up to 5 years
• served with a notice stating that rent will not be payable on your property for a certain period

If your tenant or a visitor of your tenant behaves in an anti-social manner, you could be served with an anti-social behaviour notice. If you fail to comply with the terms of the notice, you could:

• be fined up to £5,000
• be subject to a management control order where your local council will take control of the property for up to 1 year and receive any rent

You could also be fined up to £1,000 if you:

• give the council false or misleading information
• don’t give all the information you’re asked for
• don’t tell your local council of any changes to the information you have given
• don’t tell the council when you appoint an agent to act on your behalf
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• EICR Glasgow
• Pat Testing Glasgow
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Energy Performance Certificates Glasgow

Energy Performance Certificates

Last updated

 

20 January 2020

An Energy Performance Certificate (EPC) gives information on how energy efficient a building is and how it could be improved.

You need an EPC when:

• applying for a completion certificate for a new building 
• selling a building 
• renting a building to a new tenant

If you sell or rent and you do not provide an EPC, or include the building's energy rating if advertising it, you could be fined a minimum of £500.

Exceptions

There are certain types of buildings that do not need an EPC. These are:

• standalone buildings (other than homes) with a useful floor area of less than 50 square metres
• temporary buildings which are planned to be used for 2 years or less
• buildings with a low energy demand (non-residential agricultural buildings or workshops)
• buildings sold to be demolished

Places of worship, listed and historic buildings need an EPC if sold or rented out in Scotland. Legislation about this is different in other parts of the UK. 

What's in an EPC?

The EPC shows:

• the building's 'energy efficiency rating', which gives you an idea of how much fuel bills are likely to be
• the building's 'environmental impact rating', which shows how much the building affects the environment with CO2 emissions

Both ratings are on a scale from A to G with A being the best. You're also given a 'potential' rating, which is the rating the building could reach if the suggested improvements were made.

It's the law in Scotland to have the EPC 'affixed' to the building, building standards guidance suggests in the boiler or meter cupboard.

Recommendations report

A 'recommendations report' is provided with an EPC. This gives: 

• more detailed information on the energy efficiency of the building
• how to improve it
• possible costs

Getting an EPC

If you need an EPC, contact a member of an 'approved organisation' (AO). These organisations have been chosen as their members have the skills and expertise needed to produce an EPC. They can make suitable recommendations for improving the building's energy efficiency. 

Find an approved organisation assessor

There is a searchable list of AO assessors who work in your area, which can be accessed on the Scottish EPC register. To check if your building already has an EPC, you can search the register by entering either the building's postcode or Report Reference Number (the 16 digit number shown on the top right hand corner of the certificate).

Updating an EPC

An EPC is valid for 10 years. When it expires you need to update an EPC for a new sale or tenancy. 

You may also want to update the EPC if you make improvements to the building. This is especially if you sell our rent the building after the improvements. This means potential buyers or tenants get the most up-to-date information

Covid 19 Landlord Eviction Ban

Scottish housing advice: coronavirus (COVID-19) 

Eviction

If you get any notices from your landlord you should seek advice as soon as you can. Even if your landlord has sent you a notice, there might still be ways to prevent eviction. Speak to an adviser if you need help.

Winter 'eviction ban'

The Scottish Government brought in new rules which ban eviction enforcement action for a short period of time.

The ban is currently in force in all Tier 3 and Tier 4 areas. 

The Scottish Government have a postcode checker to use if you're not sure what Tier your area is in. 

• the ban covers both social rented and private rented sector tenancies

• this ban is reviewed by the Scottish Government every 21 days

• the ban only applies to the ‘enforcement’ part of eviction proceedings. It means sheriff officers can't remove a household from a property while the ban is in place.

There are some exceptions to the ban. For example, if the eviction was granted due to criminal or antisocial behaviour, then the eviction may still go ahead.

What about other parts of eviction proceedings?

• Eviction hearings at court or tribunal can still go ahead

• Eviction orders can still be granted by courts and tribunals

• Landlords can still serve notice on tenants.

For more information see the section on Eviction from your home. 

Changes to notice periods due to the coronavirus (COVID-19) outbreak

The Scottish Government brought in new rules to extend the notice period needed before an action for eviction can be started.

This is different from the temporary ban on evictions. 

In most cases there will be a longer gap between being served with notice and the date your landlord can apply for an eviction order.

The length of notice you are entitled to depends on when the notice was served and the grounds being used. Your landlord must wait until your notice has run out before they can ask the court or tribunal for a date to hear your case.

For example, if your landlord is evicting you for rent arrears they must now give you at least six months’ notice before they can apply to evict. For some grounds the notice periods may be shorter than this.

Longer notice periods

These new rules about notice periods apply to cases where the notice was served on or after 7 April 2020 will be in place until at least 31 March 2021.

The change in the length of notice depends on the type of tenancy and what ground is used. Any cases that had already been raised before 7 April 2020 are assessed by the original rules.

For more details see the main section for your tenancy. 

Illegal eviction

Your landlord has to follow the correct process to evict you from your home. Illegal eviction is a criminal offence - coronavirus doesn't change this.

Illegal eviction is when you are forced to leave your home by someone who does not have the legal right to do this.

You might be illegally evicted if:

• your landlord changes the locks

• your landlord stops you from getting into your home

• your landlord makes life so uncomfortable for you that you are forced to leave your home, for example by cutting off water, gas or electricity supplies or by continually turning up at your home late at night

• you are physically removed from the property by a person who is not a sheriff officer.

What if I live with my landlord? 

If you live with your landlord, then they won't need to get a court order before they can evict you. However, your landlord should give you proper and reasonable notice that they want you to leave.

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