DISCLAIMER: I’ve written the quick-guide in an evening where, very suddenly, a lot of this may be very useful to a lot of people. I have done my best to make sure everything is accurate, but things may be changed if understanding develops, and if lots of similar questions come in I will keep adding to the bottom section.

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The Coronavirus (Scotland) (No.2) Act 2020 (‘The Act’) provides that, in certain circumstances, a Student may bring their tenancy to an end. [Sch. 1; Part 1]. I wanted to provide a quick and easy guide for people that may be affected by this.

Who can do this?

The first obvious thing to say is that this is Scottish legislation and applies to tenancies in Scotland.

Next, a Student is a “person who is pursuing a course of study” provided by what we would know as a University or a college (or the Royal College of Surgeons, which is listed separately because of ancient legal reasons). The legislation does not specify that this applies only to undergraduate students.

For you to be able to give notice, your landlord must be one of the following:

• A University (providing University halls of residence)
• A College (providing College halls of residence)
• the Royal College of Surgeons of Edinburgh (because, again, ancient legal reasons).
• An ‘institutional provider of Student accommodation’ (like Sanctuary, or Unite Housing) planning permission for use of the building (or part it) was given on the basis that the let property would be used predominantly for housing students (which most major halls of residence would be); or
• a flat where the landlord lets, or is entitled to let, at least 30 bedrooms in the same property, and they are used primarily for housing students. (Like a converted terrace block, for example).

The Reason you give must also be “Related to coronavirus”, though the Act doesn’t define what this means – so it may be interpreted very loosely.

Who can’t do this?

If you are a student hiring a room from Mr & Mrs. McGlumpie’s flat with 2 or 3 friends; most likely these rules won’t apply to you. HOWEVER, you will still be covered under the usual rules for ending a tenancy under the Private Housing (Tenancies) (Scotland) Act 2016 s.49.

That means you must give at least 28 day’s notice in writing (that means letter or e-mail) to your landlord that you intend to move out on a specific date. That date must be after the end of the notice period. That notice period starts running the day your landlord (or their agent, if they use a letting agency) gets the notice:

• Day 1: Notice Sent
• Day 3: Landlord received notice; Notice Period Starts
• Day 30: Notice Period Ends
• Day 31: DAY YOU CAN MOVE OUT (which you put on the notice)

How do I do this?

If you are a ‘Student’ and your tenancy qualifies, the method to give notice if fairly straight forward, with just one thing to watch out for.

Your notice to the Landlord must be in writing (that means letter or e-mail) and it must give the specific date you intend to move out on (it cannot just say “in a week’s time”, for example), and that date must be after the ‘notice period’ expires.

That notice period starts running the day your landlord (or their agent, if they use a letting agency) gets the notice.

IF YOUR TENANCY BEGAN BEFORE 27th May 2020 and (it must be both) you were living in the property before 27th May 2020, the notice period is 7 days.

• Day 1: Notice Sent
• Day 3: Landlord received notice; Notice Period Starts
• Day 9: Notice Period Ends
• Day 10: DAY YOU CAN MOVE OUT (which you put on the notice)

IF YOUR TENANCY BEGAN ON OR AFTER 27th May 2020, or your tenancy began before 27th May 2020, but you were not living in the property before 27th May 2020, the notice period is 28 days.

• Day 1: Notice Sent
• Day 3: Landlord received notice; Notice Period Starts
• Day 30: Notice Period Ends
• Day 31: DAY YOU CAN MOVE OUT (which you put on the notice)

What should I be aware of?

These rules do not change any other rules of a tenancy. While you are living in the property you still need to pay rent.

Your deposit (should you have paid one) should have been passed to a Tenancy Deposit Scheme, who will still come out to inspect the property and may still seek deductions for damage caused.

If you are moving out, you are still liable for costs incurred in moving in and out of your property.

CHECK THE TERMS OF YOUR LEASE! It may be that the lease still requires a minimum payment regarding rent, or that you may still be liable for other costs. This law does not affect those conditions.

Remember, if you e-mail your landlord or the letting agent, they receive the notice that day, and the clock starts running! If you post it always post by Recorded Delivery – it is more expensive, but you will have evidence of receipt!

Finally – if in doubt, seek proper advice! You can go to:

• University Information Services (usually operated by students)
• Citizen’s Advice Bureau, or Phone Citizens Advice Scotland (0800 028 1456)
• A Lawyer (you might even qualify for Legal Aid/Advice & Assistance)

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EDITS & UPDATES

• 25/9 @ 9.00am: Updated title and intro to make clear this applies to Scottish tenancies.
• 27/9 @ 16.30pm: Updated the proposed time-scales to take account of presumed receipt after 48 hours – though if you can show the notice was received beforehand, that earlier time does still count.