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Scotland

Ending a short Scottish secure tenancy

There are two ways in which a landlord can end a short Scottish secure tenancy.

This content applies to Scotland

The eviction enforcement ban

There is currently a limited ban on enforcing evictions until 31 March 2024.

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

Ways to end short Scottish secure tenancy

This can be done by raising an action for recovery of possession on specified grounds, such as rent arrears, [1] or by terminating the short Scottish secure tenancy at the end of the lease. [2]

Recovery using specific grounds

Short Scottish secure tenancies can be ended using the same procedure and grounds which apply to full Scottish secure tenancies. [3] In practice this happens rarely. However, for more information please see the section on Scottish secure tenancies.

Terminating at the end of the lease

If a tenant has a short Scottish secure tenancy then the landlord can terminate the tenancy at the end of the lease, without having any other grounds on which to take court action. Providing that the lease has reached the end date ('ish'), tacit relocation is not in effect and that the required procedures have been followed, then the court must grant an order for possession. [4]

However, from 1 May 2019, where the tenancy was granted (or converted) due to previous eviction or antisocial behaviour, the landlord must also consider that 'an obligation of the tenancy has been broken'. [5]

In addition, for actions raised on or after this date, all tenants have a right to request a review of the decision to recover.

Notice requirements

In terms of procedure the first steps are that a landlord must serve a valid Notice to Quit [6] and a 'Notice of proceedings' on the tenant. [7].

The notice of proceedings must tell the tenant that the landlord wants possession of the property, and specify the date on or after which the landlord intends to begin the action to recover possession. This date must be at least two months from the date on which the notice is served. [8]

The notice must state the reason why the tenancy is being recovered. If the tenancy was granted (or converted) due to previous eviction or antisocial behaviour, this must include which obligations of the lease the landlord believes have been broken. [9] The exact form of the notice is set out in legislation. [10]

Once the landlord has served this notice, there is a period of six months from the date specified in it within which the action to recover possession must begin. If the action does not start within this period, the notice ceases to be valid and the landlord cannot take court action without serving a further notice. [11]

Right to review

For all actions raised on or after 1 May 2014 a tenant may request a review of the decision to seek recovery of possession. [12]

  • The review must be requested within 14 days of the service of the notice of proceedings.

  • The landlord must respond to this before the date proceedings were due to be raised and either confirm its decision to seek recovery of possession or withdraw the notice.

  • Where the decision on review is to confirm the decision to seek recovery of possession, the landlord must notify the tenant of the reasons for this.

Court action

Providing that the landlord has followed the correct procedures, the court will determine a date on which the landlord can recover possession, which will effectively end the short Scottish secure tenancy. [13] However, see also the pages on repossession of SSSTs and Article 8.

Ending the lease early

There is no statutory right to end the lease early either by the tenant giving a period of notice or the landlord and tenant agreeing to terminate. The legislation excludes the short Scottish secure tenancy from the provisions that apply to the Scottish secure tenancy. [14] Landlords can however include early termination clauses in the tenancy agreement giving a contractual right to end the tenancy before the expiry of the lease. If no such clause is included and a tenant leaves before the end of the lease, s/he will continue to be liable for the rent for the whole six months.

Last updated: 31 March 2023

Footnotes

  • [1]

    s.36(7) and ss.14 and 16 Housing (Scotland) Act 2001

  • [2]

    s.36 Housing (Scotland) Act 2001

  • [3]

    s.34(6) Housing (Scotland) Act 2001

  • [4]

    s.36(5) Housing (Scotland) Act 2001

  • [5]

    s.36(2)(aa) Housing (Scotland) Act 2001

  • [6]

    Aberdeenshire Council v Mark Shaw 24 October 2011 Sheriffdom of Grampian, Highland and Islands at Banff

  • [7]

    s.36(2)(a) Housing (Scotland) Act 2001

  • [8]

    s.36(3) Housing (Scotland) Act 2001

  • [9]

    s.36(2)(aa) Housing (Scotland) Act 2001

  • [10]

    The Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2018 SSI 2018/1550

  • [11]

    s.36(4) Housing (Scotland) Act 2001

  • [12]

    s.34(4A) and (4B) Housing (Scotland) Act 2001

  • [13]

    s.36(6) Housing (Scotland) Act 2001

  • [14]

    s.34(6) Housing (Scotland) Act 2001