Scotland Ground 11 - Breach of Tenancy Agreement Guide

Ground 11 allows landlords to seek eviction when a tenant has breached their tenancy agreement. As a discretionary ground, success depends on proving both the breach and that eviction is a reasonable response. This guide explains how to use Ground 11 effectively.

What Is Ground 11?

Ground 11 of Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016 applies when the tenant has "breached a term of the tenancy."

This is a discretionary ground, meaning even if you prove a breach occurred, the Tribunal will only grant eviction if it considers it reasonable in all the circumstances.

What Counts as a Breach?

A breach is any violation of the tenancy agreement terms. This can include written terms you agreed AND statutory terms implied by law.

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Types of Breach

Common Breaches

• Non-payment of rent: Also covered by Ground 12
• Subletting without permission: Letting to others without consent
• Keeping pets: When the agreement prohibits pets
• Damage to property: Beyond normal wear and tear
• Business use: Running a business when prohibited
• Alterations: Making changes without permission
• Overcrowding: Having more occupants than agreed
• Nuisance: Causing problems for neighbours

Statutory Term Breaches

PRTs include statutory terms that tenants must follow, such as:

• Allowing access for repairs with reasonable notice
• Not assigning without written permission
• Not subletting without written permission
• Using the property only as a private dwelling

Evidence Required

Proving the Breach

• Tenancy agreement: Showing the term that was breached
• Photos/videos: Evidence of the breach (damage, pets, etc.)
• Inspection reports: Professional assessments if relevant
• Correspondence: Emails, letters about the issue
• Witness statements: Neighbours or others who observed the breach

Showing Reasonableness

You should also show:

• You warned the tenant about the breach
• You gave them opportunity to remedy it
• The breach continued or was not adequately addressed
• The impact of the breach on you, the property, or neighbours

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Notice Requirements

Notice Period

For Ground 11, the notice period is 28 days regardless of tenancy length.

Notice Content

Your Notice to Leave should:

• Use the prescribed form
• Tick Ground 11 as the eviction ground
• Describe the breach clearly
• Be served correctly on the tenant

Prior Warning

Before serving notice, it's advisable to warn the tenant in writing about the breach and give them reasonable time to remedy it. This strengthens your case at the Tribunal.

Tribunal Process

Application

After the notice expires, apply to the Tribunal with:

• Application form
• Notice to Leave and proof of service
• Tenancy agreement (highlighting breached terms)
• Evidence of the breach
• Records of warnings and tenant responses

At the Hearing

The Tribunal will consider:

1. Did a breach occur?
2. What was the nature and severity of the breach?
3. Did the landlord warn the tenant?
4. Did the tenant have opportunity to remedy it?
5. Is eviction a proportionate response?

Reasonableness Factors

The Tribunal considers many factors when deciding if eviction is reasonable:

Factors in Landlord's Favour

• Serious or repeated breaches
• Clear warnings were given
• Tenant refused or failed to remedy the breach
• Significant harm caused (to property, neighbours, etc.)
• Pattern of problematic behaviour

Factors in Tenant's Favour

• Minor or one-off breach
• Breach has now been remedied
• No prior warnings from landlord
• Tenant's vulnerability
• Impact of eviction on tenant/family

Ground 11 FAQ