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COMMERCIAL EVICTION: NON-PAYMENT OF RENT

The Coronavirus pandemic has had a wide ranging impact in ways that could not have been predicted when the first cases of the virus emerged at the end of 2019. One such change has been the law in relation to commercial evictions for non-payment of rent.

Prior to the pandemic, if a commercial landlord wished to evict a tenant due to a monetary breach, a pre-irritancy notice had to be served which started a 14-day period in which the tenant had two weeks to remedy the breach (i.e. pay the arrears) or face eviction proceedings. As part of the Scottish Government’s initial statutory response to the then developing crisis, The Coronavirus (Scotland) Act 2020 (Schedule 7), amended this timescale and increased it to a period of 14-weeks’ notice. Read more…