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Scotland Ground 4 - Landlord Moving In Guide
Complete guide to Ground 4 eviction in Scotland when you or family want to live in the property. Learn requirements, qualifying family members, and Tribunal...
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You are setting up a new tenancy and you do not want to rely on an old template. This guide explains which agreement you need and what to sort before the tenant moves in.
Ground 4 Key Points
- Type: Mandatory ground
- Notice period: 28 days (under 6 months) or 84 days (6+ months)
- Key requirement: Genuine intention to use as main residence
- Family: Specific family members qualify
What Is Ground 4?
Ground 4 of Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016 states that the landlord intends to live in the let property, OR that a family member of the landlord intends to live in it.
New tenancy
Setting up a tenancy? Choose the right agreement
If the next job is getting the tenancy in place, choose the agreement route that matches the property and arrangement now.
- Choose the right England agreement route for the tenancy you are setting up.
- Avoid old wording that causes problems later.
- Preview it before you pay.
The property must become the person's only or principal home. You can't use Ground 4 for a second home or occasional use.
Who Qualifies as Family?
Under Ground 4, "family member" is defined specifically:
Qualifying Family Members:
- ?Spouse or civil partner of the landlord
- ?Person living with the landlord as husband/wife or civil partner
- ?Parent or grandparent of the landlord (or partner)
- ?Child or grandchild of the landlord (or partner)
- ?Brother or sister of the landlord (or partner)
Who Does NOT Qualify
- Aunts, uncles, cousins
- In-laws (beyond those listed)
- Friends, no matter how close
- Business partners
Proving Your Intention
What You Need to Show
- You (or family member) genuinely intend to live in the property
- It will become their only or principal home
- The intention is current and real (not speculative)
Evidence That Helps
- Your statement: Explaining why you need to move in
- Current housing situation: Lease ending, selling current home, etc.
- Work location: If moving for work near the property
- Family circumstances: Elderly parent needing to be nearby, etc.
- Family member statement: If they're moving in, their confirmation
Must Be Genuine
The Tribunal will assess genuineness. If you evict using Ground 4 but then don't move in (or let to someone else), the tenant may claim wrongful termination damages.
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 period expires, apply with:
- Application form
- Notice to Leave and proof of service
- Tenancy agreement
- Statement explaining your intention
- Supporting evidence of circumstances
At the Hearing
The Tribunal will ask about:
- Who will be living in the property
- Their current living situation
- Why they need this particular property
- When they intend to move in
- How long they plan to stay
After the Eviction
You Must Follow Through
After obtaining the eviction order, you (or the family member) should actually move in. While there's no strict legal timeline, failing to do so may result in:
- Wrongful termination claims
- Damages payable to the former tenant
- Difficulty using the ground in future
Living in the Property
The person must use it as their only or principal home. This doesn't mean they can never be away, but it must be their main residence.
Ground 4 FAQ
How long must I live there?
There's no minimum period specified in law. However, moving in briefly then reletting suggests bad faith. Plan to live there genuinely for the foreseeable future.
Can I rent out a room while living there?
If you live in the property as your home, you can take in a lodger. The key is that you're genuinely living there, not running it as a rental.
What if my adult child only stays temporarily?
They must intend it to be their only or principal home. If they're just staying while between homes, that may not meet the threshold. The intention must be genuine at the time.
Can I use Ground 4 if I own multiple properties?
Yes, if you genuinely intend to make this property your only or principal home. You may be leaving your current home or changing which property is your main residence.
Need to Move Into Your Rental?
Landlord Heaven provides Notice to Leave templates and guidance for Ground 4 evictions in Scotland.
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