Repossession ground - tenancy transfer
The Housing (Scotland) Act 2001 provides a basis for repossession to transfer a tenancy. The notice period is 4 weeks for all of these grounds.
The eviction enforcement ban
The eviction ban ended on 31 March 2024.
We have more guidance on the eviction ban and the rent cap.
Ground 15: relationship breakdown
Ground 15 [1] applies if a tenant's spouse, civil partner, former spouse, civil partner or cohabitee (including a same-sex cohabitee) asks the landlord to transfer the tenancy to them because s/he or the tenant no longer wish to live together. The landlord can use this ground to recover possession from the tenant. This ground can only be used where it is reasonable to grant the order for repossession and suitable alternative accommodation will be provided for the existing tenant [2]. In addition, a cohabitee must have lived with the tenant in the property for a period of at least six months immediately before the transfer request. This residency requirement does not apply to a spouse, civil partner or former spouse or civil partner.
Last updated: 7 February 2023