Scotland Ground 3 - Property Refurbishment Guide
Complete guide to Ground 3 eviction in Scotland for property refurbishment. Learn requirements, evidence needed, and how to prove genuine refurbishment plans.
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Ground 3 allows landlords to recover their property when they intend to carry out significant refurbishment works that cannot be done with the tenant in residence. As a mandatory ground, the Tribunal must grant eviction if you prove your case.
Ground 3 Key Points
- Type: Mandatory ground
- Notice period: 28 days (under 6 months) or 84 days (6+ months)
- Key requirement: Works cannot be carried out with tenant in place
- Evidence: Plans, quotes, contractor schedules
What Is Ground 3?
Ground 3 of Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016 applies when the landlord intends to refurbish the property and the works "are such that the tenant cannot reasonably continue to occupy it."
This is a mandatory ground. If you prove your intention and that the works require vacant possession, the Tribunal must grant eviction.
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Requirements
To use Ground 3, you must show:
Three Requirements:
- 1You intend to carry out refurbishment works
Genuine intention to refurbish the property
- 2The works require vacant possession
The tenant cannot reasonably remain during works
- 3The works will actually be carried out
Not just a plan to evict for other reasons
What Counts as Refurbishment?
- Major structural works
- Complete rewiring or replumbing
- Removing and replacing the kitchen and bathroom
- Extensive damp treatment
- Reconfiguring the property layout
- Works requiring scaffolding and major disruption
Minor Works Won't Qualify
Routine maintenance, repainting, or minor repairs don't justify Ground 3. The works must be so extensive that it's genuinely unreasonable for the tenant to stay.
Proving Refurbishment Plans
Evidence That Helps
- Architect/surveyor plans: Professional drawings of proposed works
- Contractor quotes: Written estimates with scope of works
- Building warrant applications: If planning permission needed
- Timeline/schedule: When works will start and expected duration
- Your statement: Explaining why works are needed
Why Vacant Possession Is Needed
Explain clearly why the tenant cannot stay:
- Health and safety concerns during works
- No usable kitchen or bathroom
- Property will be uninhabitable
- Contractors need full access
- Duration of works makes living there impractical
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Notice Requirements
Notice Periods
| Tenancy Length | Notice Period |
|---|---|
| Under 6 months | 28 days |
| 6 months or more | 84 days |
Tribunal Process
Application
After the notice expires, apply with:
- Application form
- Notice to Leave and proof of service
- Tenancy agreement
- Plans, quotes, and schedules for the works
- Explanation of why vacant possession is needed
At the Hearing
The Tribunal will assess:
- Is your intention genuine?
- Are the works substantial?
- Do they really require the tenant to leave?
- Are you likely to actually carry out the works?
Ground 3 FAQ
Can I let the property again after works?
Yes. Unlike Ground 4 (moving in yourself), there's no restriction on reletting after refurbishment. You can let to a new tenant at market rent.
What if I don't do the works?
If you evict using Ground 3 but don't carry out the works, the tenant may claim wrongful termination. Ensure your intention is genuine.
Do I need planning permission first?
Not necessarily, but having a building warrant application helps prove serious intent. At minimum, have professional plans and quotes.
Can the tenant return after works?
There's no legal right to return. You can offer a new tenancy, but you're not obligated to. The original tenancy ends with the eviction.
Planning Property Works?
Landlord Heaven provides guidance and templates for landlords planning refurbishment projects that require tenant eviction.
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