How does tenant eviction work in Scotland?
In Scotland, most private tenancies that started on or after 1 December 2017 are private residential tenancies (PRTs). Unlike older types of tenancies, you cannot evict a tenant just because a fixed-term period has ended.
To evict a tenant with a PRT, you must use one or more of the 18 specific grounds (ie legal reasons) set out in law. The process involves serving the tenant with a notice to leave, which must state the ground(s) you're using and the notice period they have. If the tenant doesn't move out by the end of the notice period, you must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
For more information, read Tenant eviction in Scotland FAQs.
What are the grounds for eviction?
The Private Housing (Tenancies) (Scotland) Act 2016 provides 18 different grounds for eviction. It's crucial that you pick the correct one and can provide evidence for it, as this is what the Tribunal will examine.
Some grounds are mandatory. This means that if you prove the ground, the Tribunal must grant the eviction order.
Other grounds are discretionary. This means the Tribunal will only grant the eviction if it decides it's reasonable to do so, even if you prove the ground exists. Some grounds can be mandatory or discretionary depending on the specific circumstances.
The property is required for another purpose
These grounds cover situations where you need to get the property back to sell it, live in it yourself, or change its use. Most, but not all, of these grounds are mandatory. The specific grounds in this category are:
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ground 1: landlord intends to sell the property - this is a mandatory ground. You must plan to put the property up for sale within three months of the tenant moving out, and you'll need evidence of your intention to sell, like a letter from a solicitor or estate agent
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ground 2: property to be sold by the mortgage lender - this is a mandatory ground and applies if your mortgage lender is repossessing the property and needs it to be empty to sell it
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ground 3: landlord intends to refurbish the property - this is a mandatory ground and applies if you're planning major work so disruptive that the tenant can't live there while it's being done. You'll need evidence, like planning permission or a builder's contract
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ground 4: landlord intends to live in the property - this is a mandatory ground and applies if you intend to live in the property as your main home for at least three months. You may need to provide an Affidavit as evidence
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ground 5: landlord's family member intends to live in the property - this is a discretionary ground and applies if a family member (eg spouse, child, parent, grandparent, sibling, or cohabiting partner) intends to live there as their main home for at least three months
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ground 6: landlord intends to use for a non-residential purpose - this is a mandatory ground. You can use this if you plan to use the property for something other than a home, like an office. You'll likely need to show evidence, such as planning permission
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ground 7: property required for a religious worker - this is a mandatory ground and applies if the property is held to provide a home for a religious worker (eg minister, priest, rabbi, or imam) and is now needed for that purpose
Tenant’s status grounds
These grounds relate to the tenant's original reason for being in the property or whether they are still living there. The specific grounds in this category are:
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ground 8: tenant no longer needs supported accommodation - this is a discretionary ground and applies if the tenant moved in because they needed community care, and they have since been assessed as no longer needing it
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ground 9: tenancy granted due to employment - this is a discretionary ground and applies if the tenancy was granted because the tenant was your employee, but they're no longer (or never became) an employee
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ground 10: tenant is no longer occupying the property - this is a mandatory ground and applies if the property is no longer the tenant's main home
Tenant’s conduct grounds
These grounds cover situations where the tenant has breached the tenancy agreement, failed to pay rent, or engaged in unlawful or anti-social behaviour.
The specific grounds in this category are:
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ground 11: tenant has breached the tenancy agreement - this is a discretionary ground and applies to any breach of the Tenancy agreement except for paying rent (which is covered by ground 12)
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ground 12: tenant is in rent arrears - this is a mandatory or discretionary ground. It applies if the tenant has been in arrears for three or more consecutive months. It's mandatory if the arrears equal at least one month's rent on the day of the Tribunal hearing. It's discretionary if the arrears are less than one month's rent by that day
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ground 13: tenant has a relevant criminal conviction - this is a discretionary ground and applies if the tenant is convicted of an offence, punishable by imprisonment, committed in or near the property or against you or a neighbour. You must apply within 12 months of the conviction
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ground 14: tenant has engaged in anti-social behaviour - this is a discretionary ground and applies if the tenant has engaged in behaviour that causes or is likely to cause alarm, distress, nuisance, or annoyance. You must apply within 12 months of the behaviour
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ground 15: tenant has associated with someone with a criminal conviction or anti-social behaviour - this is a discretionary ground and applies if the tenant allows someone in the property who fits the descriptions in grounds 13 or 14
Legal reasons for ending the tenancy
These grounds cover specific legal or regulatory situations that require the tenancy to end. The specific grounds in this category are:
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ground 16: landlord's registration has been refused or revoked - this is a mandatory ground and applies if your application to be on the Scottish Landlord Register has been refused or your registration has been revoked
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ground 17: HMO licence has been revoked - this is a mandatory ground and applies if the property is a house in multiple occcupation (HMO) and your HMO licence has been revoked or refused
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ground 18: overcrowding statutory notice has been served - this is a discretionary ground and applies if you've been served a statutory notice by the local authority stating the property is overcrowded
What happens if the tenant disputes the ground?
Serving a notice to leave doesn't automatically end the tenancy. The tenant can choose to stay, even after the notice period ends.
If they don't leave, your only option is to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. The tenant has the right to defend their case at the Tribunal. They might argue that the ground doesn't apply (eg that your 'refurbishment' plans aren't significant enough) or, if the ground is discretionary, that it wouldn't be reasonable to evict them. The Tribunal will hear evidence from both sides before deciding whether to grant the eviction order.
For more information, read First-tier Tribunal for Scotland (Housing and Property Chamber) and costs and Tenant eviction in Scotland FAQs.
If you need to evict a tenant in Scotland, it's vital to use the correct ground and follow the right procedure. This can be a complex process, so if you have any questions about your situation, don't hesitate to Ask a lawyer.
