Ending a Scottish secure tenancy

The eviction ban ended on 31 March 2024.

We have more guidance on the eviction ban and the rent cap.

The Housing (Scotland) Act 2001 specifies six ways in which such a tenancy can be terminated, and prohibits any extension of these in the tenancy agreement itself. [1]

If a tenant who had a Scottish secure tenancy dies and there is no one qualified to succeed to the tenancy, or a qualified person declines the tenancy, the tenancy will terminate automatically. [2] If the tenant who has died was the second person to succeed to the tenancy, it will also terminate automatically on their death. [3] For more information, please see the section on succession.

Where a tenant has been served with an anti-social behaviour order, under Part 2 of the Antisocial Behaviour Etc. (Scotland) Act 2004, the landlord can serve a notice converting a Scottish secure tenancy to a short Scottish secure tenancy. [4] This would have the effect of terminating the Scottish secure tenancy immediately the notice is served. [5] If the tenant has received an interim antisocial behaviour order, the landlord cannot use this as a ground to alter the tenancy. For more information, please see the section on the short Scottish secure tenancy.

The landlord and tenant can come to an agreement to end the tenancy, the agreement itself must be in writing. [6] There are no restrictions on time here. If a tenant notifies the landlord in writing that s/he wishes to terminate the tenancy then leaves the property, the tenancy will not actually be terminated until the landlord responds in writing. Arguably, the tenant will have the option of returning to the tenancy if they change their mind and the landlord has not responded in writing. This must be distinguished from the unilateral termination of a tenancy by the tenant.

A tenant can unilaterally bring a Scottish secure tenancy to an end by giving four weeks' notice. [7] This notice must be in writing. [8] The consent of any non-entitled spouse [9] or civil partner [10] is also required. A joint tenant can also end their interest in the tenancy by giving four weeks' written notice. [11]

The legislation sets out the grounds on which a landlord can apply to the courts to recover possession of a property let as a Scottish secure tenancy. [12]

The grounds for possession can be divided into three groups:

• Grounds 1 to 7: if one of these grounds is established, the court must make an order for recovery of possession only if it is reasonable to do so. There is no requirement to offer alternative accommodation. [13]

• Grounds 8 to 14: if one of these grounds is established, the court must make an order for recovery of possession only if the landlord has offered suitable alternative accommodation. [14]

• Ground 15: if this ground is established, the court must make an order for recovery of possession only if it is reasonable to do so and the landlord has offered suitable alternative accommodation. [15]

If it appears that a property has been abandoned, the landlord can begin the abandonment procedure to secure it and eventually regain possession. [16]