Local Government Election 2022 Results

The count for the election will take place at West Lothian College on Friday 6 May 2022. The results will be made available using the link above.

Eviction Advice

Information for Private landlords on the eviction process

In April 2020, through the emergency Coronavirus (Scotland) Act 2020, eviction notice periods were temporarily extended for all evictions from the private rented sector (PRS) for up to 6 months. From 30 March 2022 extended notice periods will change to what they originally were before the pandemic.

The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 were laid before the Scottish Parliament on 23rd February 2022 and will come into force on 29th March 2022. The regulations mean that extended notice periods, introduced on 7 April 2020, will be ended from 30 March 2022 onwards and will revert back to what they were before the pandemic on that date. The extended notice periods will continue for eviction notices issued up to and including 29 March 2022.

The regulations which put this change in place contain a transitional provision which prevents a landlord who has already served notice to end a tenancy, from serving a new notice on the same eviction ground with a shorter notice period post 30 March. A fresh notice with a shorter notice period can only be issued if notice is being served on a different eviction ground

Further to this, to protect private rented tenants from being evicted unreasonably or unnecessarily from their homes the Coronavirus Recovery and Reform (Scotland) Bill seeks to make permanent the requirement for the tribunal to exercise discretion when deciding whether to grant an eviction and the requirement for landlords to comply with pre-action requirements when evicting a tenant for rent arrears.

 

First Tier Tribunal

A temporary amendment to all private rented sector repossession cases going before the First-Tier Tribunal (Housing and Property Chamber). Prior to the introduction of the Act, grounds were viewed as either mandatory, or discretionary. While the legalisation is in effect, all cases will be considered on a discretionary basis. This ensures the Tribunal is able to garner a detailed understanding of circumstances when determining whether to grant an eviction order. This allows for the individual financial circumstances of the tenant to be considered during this crisis. Grounds for repossession are already considered on a discretionary basis in the social rented sector.

 

Section 11 Notice

Section 11 of the Homelessness Etc (Scotland) Act 2003 requires landlords and creditors to notify the relevant Local Authority when they raise proceedings for possession or serve certain notices regarding the standard security level. The purpose of this requirement is to ensure that Local Authorities are alerted to households at risk of homelessness due to eviction or repossession at an early stage. You can notify West Lothian Council by completing Icon for word this form [36KB] and sending it to Section11notices@westlothian.gov.uk.

 

Landlords

Landlords are required to notify the relevant local authority when they raise proceedings for procession of a dwelling house. It is important to note that the duty does not apply at the point where an AT6, Section 33 or Notice to Leave is served. The duty only applies at the point when a landlord raises proceedings in the First Tier Tribunal.

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