Evictions and ending a tenancy

Contents


Private residential tenancy (started after December 2017)

If your tenancy was created on or after 1 December 2017 it will be a Private Residential Tenancy (PRT).

The PRT is open-ended. This means the tenancy does not run for a fixed term.

The PRT provides comprehensive and robust grounds for repossession. There are 18 specified circumstances/grounds which allow landlords to regain possession.

There are three ways to end a private residential tenancy:

  • the tenant gives 28 days' notice in writing and leaves
  • you and the tenant reach an agreement to leave
  • if you fail to reach agreement and you want possession of the property: obtain an eviction order. Read on for details of how to do this

Notice to leave

If you want to end a private residential tenancy and fail to reach an agreement with your tenant and, must first give them a document called a Notice to Leave.

A notice to leave must state:

  • the length of time your tenant has to move out and the date the notice to leave will expire. The notice that the tenant is entitled to will depend on the grounds being used.
  • the grounds for ending the tenancy and any supporting evidence. Under the private residential tenancy there are 18 different grounds for eviction. Each have different periods of notice depending on how long the tenant has lived at the property.

Find out more about Notice to Leave on mygov.scot.


Eviction order

If you give your tenant a Notice to Leave and they do not move out as soon as the notice period ends, you can apply to the First Tier Tribunal for Scotland (Housing and Property Chamber).

Your application must include a copy of the:

  • notice to leave given to the tenant
  • Section 11 Notice (see below)

Find out more about eviction orders on mygov.scot.


Section 11 notice

You must complete a Section 11 notice to let us know you are applying to the tribunal. 

The purpose of the Section 11 notice is to make us aware of tenants who may be at risk of homelessness.

You can complete the Section 11 notice online:

Find out more and complete a Section 11 notice