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Eviction of private residential tenancy tenants

If you have a private residential tenancy, you can only be evicted if your landlord follows the correct procedure.

Notice to leave

A private residential tenancy can only be ended by 1 of 3 ways:

  • by a tenant giving notice and leaving or,
  • the tenant and landlord reach an agreement to leave, or
  • your landlord wants possession of the property and obtains an eviction order from the First-tier Tribunal for Scotland Housing and Property Chamber.

To start the eviction process, your landlord must give you written notice called a notice to leave. This notice must state:

  • the day on which your landlord will be entitled to apply to the First Tier Tribunal for an eviction order, and
  • which ground is being used

If you agree to leave the property, the tenancy will come to an end. keep in mind that you could still give notice that you are going to leave, which could end the tenancy sooner.

Download a notice to leave document from the Scottish Government website

Notice period

If you want to end the tenancy, then you will have to give the landlord 28 days notice  in writing. The notice has to state the day on which the tenancy is to end, normally the day after notice period has expired.

You can agree a different notice period, after the start of the tenancy, with your landlord as long it is in writing. 

If your landlord wants to end the tenancy to a end then there are different periods of notice depending on how long you have been living at the property and what ground is been used:

  • If you have lived in the property for less than 6 months, then the notice period is 28 days, regardless of the ground used.
  • If you have lived in the property for longer than 6 months and the landlord is not using a conduct ground, then the notice period is 84 days.
  • If you have lived in the property for more than 6 months, and the landlord is using one of the six conduct grounds (see below) the notice period is 28 days.

The six conduct grounds are:

  • Ground 10 - Not occupying let property
  • Ground 11 - Breach of tenancy agreement
  • Ground 12 - Rent arrears
  • Ground 13 - Criminal behaviour
  • Ground 14 - Anti-social behaviour
  • Ground 15 - Association with a person who has relevant conviction or engaged in relevant anti-social behaviour

The notice period starts from the day you receive the notice; this is assumed to be 48 hours after the landlord has sent it. Your landlord will not be able to make an application to the tribunal until the day after the notice period expires.

The notice to leave is valid for 6 months, if no application for an eviction order is made, then another notice to leave would need to be issued.

Find out more about the eviction grounds.

Applying to the First Tier Tribunal

If you haven't moved out by the expiry of the notice, the landlord will have to apply to the First Tier Tribunal for an eviction order.

An application to the First Tier Tribunal for an eviction order must include a copy of the:

  • Notice to Leave given to the tenant, and
  • Section 11 Notice - which must be sent to the local authority notifying them of a possible eviction.

For more details of the procedure go to the First-tier Tribunal for Scotland Housing and Property Chamber website.

Wrongful termination of tenancy

If your tenancy has been ended, by the landlord serving notice or by the granting of an eviction order from the First Tier Tribunal, and you believe this was because of misleading information, you can apply to the tribunal for a wrongful termination order.

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