Scotland Ground 13 - Criminal Behaviour Eviction Guide
Complete guide to Ground 13 eviction in Scotland for tenant criminal behaviour. Learn what convictions qualify, evidence requirements, and Tribunal process.
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Ground 13 Key Points
- Type: Discretionary ground
- Notice period: 28 days (regardless of tenancy length)
- Key requirement: Conviction for offence at or near the property
- Evidence: Court conviction, police reports, impact statements
What Is Ground 13?
Ground 13 of Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016 applies when the tenant (or someone living with them or visiting them) has been convicted of an offence that was committed:
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- At the let property, or
- In the locality of the let property, or
- Elsewhere against the landlord or the landlord's property
This is a discretionary ground. Even if the conviction is proven, the Tribunal must also decide whether it's reasonable to grant eviction.
Conviction Required
Ground 13 requires an actual conviction. Suspected criminal activity, arrests, or charges that don't result in conviction are not sufficient. For behaviour that hasn't led to conviction, consider Ground 14 (antisocial behaviour) instead.
Qualifying Offences
The legislation doesn't limit Ground 13 to specific offences. Any criminal conviction can potentially qualify if it has the required connection to the property or landlord. Common examples include:
Offences at the Property
- Drug dealing or drug production
- Violence or assault
- Weapons offences
- Theft or burglary
- Criminal damage
- Fraud or dishonesty offences
Offences in the Locality
- Assault on neighbours
- Criminal damage to nearby property
- Public order offences
- Drug offences in the area
- Harassment of local residents
Offences Against the Landlord
- Fraud against the landlord
- Theft from the landlord
- Assault or threats against the landlord
- Criminal damage to landlord's property
Evidence Required
Essential Evidence
- Proof of conviction: Court extract or certificate of conviction
- Details of the offence: What the conviction was for
- Connection to property/locality: Where the offence took place
- Date of conviction: Recent convictions carry more weight
Supporting Evidence
- Police reports or crime reference numbers
- Impact statements from neighbours
- Your own statement about the impact
- Any related antisocial behaviour evidence
Getting Conviction Evidence
You can request an extract of conviction from the court where the case was heard. The Tribunal can also request this information. Include the court, date, and case reference in your application.
Notice Requirements
Notice Period
Ground 13 has a fixed 28-day notice period regardless of how long the tenancy has been running. This shorter period reflects the serious nature of criminal behaviour.
| Tenancy Length | Notice Period |
|---|---|
| Any length | 28 days |
Tribunal Process
Application
After the notice expires, apply to the First-tier Tribunal with:
- Application form
- Notice to Leave and proof of service
- Tenancy agreement
- Evidence of the conviction
- Statement explaining why eviction is reasonable
The Reasonableness Test
Because Ground 13 is discretionary, the Tribunal considers whether eviction is reasonable. Factors include:
Favouring Eviction
- Serious nature of the offence
- Impact on neighbours or community
- Repeated offending
- Offence directly connected to the property
- Risk of further offences
Against Eviction
- Minor or isolated offence
- Offence not connected to housing situation
- Tenant has addressed underlying issues
- Significant time since offence
- Impact on tenant's family
Ground 13 FAQ
What if the conviction is being appealed?
A conviction being appealed is still a conviction. However, the Tribunal may take the appeal into account when considering reasonableness.
How old can the conviction be?
There's no time limit, but older convictions carry less weight. The Tribunal will consider whether the conviction is still relevant.
What if a visitor committed the offence?
Ground 13 covers offences by people living with or visiting the tenant. However, the tenant must have some responsibility for the situation.
Can minor offences lead to eviction?
Technically yes, but the Tribunal is unlikely to find eviction reasonable for minor offences unless there's a pattern or significant impact.
Can I use Ground 13 with Ground 14?
Yes. If behaviour is both criminal and antisocial, using both grounds gives you more options at the Tribunal.
Dealing With Criminal Tenants?
Landlord Heaven provides guidance and templates for landlords dealing with serious tenant misconduct and criminal behaviour.
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