How can my landlord end a private residential tenancy in Scotland?

Scotland has had no no-fault eviction since 2017. A landlord must use one of eighteen statutory grounds, every one of which is discretionary, and only the First-tier Tribunal can grant possession.

Difficulty: intermediate
Time: 14 min
Read: 5 min
Safety: warning

Short answer

The landlord serves a notice to leave on the prescribed form stating the ground. The notice period is twenty-eight days if you have lived there six months or less, or if only certain grounds are used, and eighty-four days otherwise. They then apply to the First-tier Tribunal Housing and Property Chamber, which must be satisfied both that the ground is made out and that it is reasonable to evict. There is no route that does not need a reason.

Two features make Scotland distinctive. The tenancy is open-ended, so there is no end date and nothing to renew. And since 2022 every one of the eighteen grounds is discretionary, which means the tribunal weighs your circumstances against the landlord's in every case — including how long you have lived there, whether you have children or health problems, and whether the landlord has behaved reasonably. Attending the hearing therefore matters enormously.

Safety

In Scotland only the First-tier Tribunal can order eviction, and a notice to leave is not an eviction. You do not have to go when it expires. Take free advice from Shelter Scotland or Citizens Advice Scotland, respond to any tribunal application, and attend the hearing — every ground is discretionary and your circumstances are directly relevant to the decision.

Step by step

Check the notice is on the prescribed form.A notice to leave must use the statutory form, state the ground or grounds relied on, and give the date after which the landlord may apply to the tribunal. A notice that does not is open to challenge.
Work out which notice period applies.Twenty-eight days where you have occupied for six months or less, or where the landlord relies only on the tenant-conduct grounds. Eighty-four days in every other case.
Read the ground.The eighteen grounds cover the landlord selling, a lender selling, refurbishment, the landlord or a family member moving in, the property no longer being needed for the purpose it was let for, employment ending, the tenant not living there, breach, arrears, criminal conviction, antisocial behaviour, and the landlord losing registration or an HMO licence.
Remember that every ground is discretionary.The tribunal must be satisfied it is reasonable to grant an order, whatever the ground. That was made permanent in 2022 and it is the single most important feature of the Scottish system for a tenant.
For arrears, check the three-month rule and the pre-action requirements.The arrears ground requires three or more consecutive months of arrears. Separately, the landlord must have given you information, made reasonable efforts to agree a repayment arrangement, and had reasonable regard to your circumstances, including any delay in benefit payments. Failure to do so is directly relevant to reasonableness.
Do not leave when the notice expires.The notice date only allows an application to be made. You remain entitled to live there until the tribunal orders otherwise and the order is enforced.
Respond to the tribunal application.You will receive papers and a hearing date. Write in with your response and any evidence, and attend — in person, by telephone or by video. Tribunal hearings are less formal than a court and you can be accompanied or represented.
Raise anything relevant to reasonableness.How long you have lived there, children in school, health, work, what you have done to find somewhere else, disrepair, and how the landlord has behaved. All of it is admissible and all of it is the point.
Apply for a wrongful termination order if you were misled.If you left because of a notice that relied on a ground the landlord did not actually have — for instance they said they were selling and did not — the tribunal can make a wrongful termination order against them. There is a time limit, so take advice promptly.
Get advice and tell the council.Shelter Scotland, Citizens Advice Scotland and the council's homelessness service are all free. Approaching the council when the notice arrives gives them far more room than approaching them at the end.

Tips

Check the landlord is on the council's landlord register. Letting while unregistered is an offence and losing registration is itself a possession ground working the other way.
Put everything to the landlord in writing, especially anything about arrears or repairs. The tribunal reads correspondence.
Ask Shelter Scotland to check the notice to leave. Defective notices are common and a defective notice cannot found an application.

Common mistakes

Not attending the tribunal hearing — Every ground is discretionary, so the hearing is where your circumstances are weighed. Not attending removes the strongest thing a Scottish tenant has.
Assuming Scottish rules resemble English ones — Different tenancy, different notice, different grounds, a tribunal instead of a court, and different deposit and rent rules. Almost nothing carries across.

If it doesn't work

You were given two months' notice with no ground

Cause: The landlord has used an English or Welsh form — Fix: A Scottish notice to leave must be on the prescribed form and must state a ground. Get it checked by Shelter Scotland before doing anything, and do not move out.

The landlord says they are selling and wants you out quickly

Cause: Selling is a ground, but it is discretionary and needs the full notice period — Fix: Eighty-four days' notice applies unless you have been there six months or less, and the tribunal still has to find it reasonable. Ask for the notice in the prescribed form and take advice.

You are behind with rent after a benefit delay

Cause: Arrears caused by administrative delay — Fix: Tell the landlord in writing, keep evidence of the claim and the delay, and ask for a repayment arrangement. The pre-action requirements and the reasonableness test both turn on exactly this.

Questions people ask

How much notice do I have to give?

Twenty-eight days in writing, running from when the landlord receives it. A different period can only be agreed in writing after the tenancy has started. There is no minimum period you must stay first.

Can my landlord evict me because the fixed term ended?

There are no fixed terms in a private residential tenancy. It is open-ended, and the only way it ends on the landlord's side is through a notice to leave and a tribunal order.

Does the court get involved?

No. Possession of a private residential tenancy in Scotland is decided by the First-tier Tribunal Housing and Property Chamber, not the sheriff court. Enforcement of an order is by sheriff officers.

What about older assured or short assured tenancies?

They still exist where they were created before December 2017 and follow different rules, including the old notice to quit and section 33 procedures. Take advice specific to that tenancy type rather than reading private residential tenancy guidance.