Scotland Ground 7 - Property Demolition Eviction Guide
Complete guide to Ground 7 eviction in Scotland when the landlord intends to demolish the property. Learn requirements, evidence needed, and Tribunal process.
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Ground 7 allows Scottish landlords to recover their property when they intend to demolish it. As a mandatory ground, the Tribunal must grant eviction if you prove your genuine intention to demolish the building.
Ground 7 Key Points
- Type: Mandatory ground
- Notice period: 28 days (under 6 months) or 84 days (6+ months)
- Key requirement: Genuine intention to demolish the property
- Evidence: Planning permission, demolition contracts, development plans
What Is Ground 7?
Ground 7 of Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016 applies when the landlord intends to demolish the let property. This ground is typically used for:
- Redevelopment projects requiring demolition and rebuild
- Properties that are beyond economical repair
- Site clearance for new construction
- Properties affected by compulsory purchase orders
- Dangerous buildings requiring removal
This is a mandatory ground. If you prove your genuine intention to demolish, the Tribunal must grant an eviction order.
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Requirements
To successfully use Ground 7, you must demonstrate:
Key Requirements:
- 1Genuine intention to demolish
You must have a real, settled intention to demolish the building
- 2Demolition means complete removal
Partial demolition or major renovation uses Ground 3 (refurbishment) instead
- 3You will actually carry out the demolition
Not just an excuse to remove the tenant
Demolition vs Refurbishment
Ground 7 applies to complete demolition. If you're keeping the building but carrying out major works, use Ground 3 (refurbishment) instead.
| Ground 7 (Demolition) | Ground 3 (Refurbishment) |
|---|---|
| Complete building removal | Building remains, major works |
| Site clearance for rebuild | Renovation or reconfiguration |
| Building condemned/dangerous | Building sound but needs updating |
Choose the Right Ground
Using the wrong ground can result in your application being refused. If in doubt about whether works constitute demolition or refurbishment, seek professional advice before proceeding.
Evidence Needed
The Tribunal will want to see strong evidence that demolition is genuinely planned and will happen.
Essential Evidence
- Planning permission: For demolition and any replacement development
- Building warrant: For demolition works
- Demolition contractor quotes: Written estimates with timelines
- Development plans: What will happen to the site after demolition
- Structural surveys: If demolition is due to building condition
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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 to the First-tier Tribunal with:
- Application form
- Notice to Leave and proof of service
- Tenancy agreement
- Planning permission and building warrant
- Demolition contractor arrangements
- Development or site plans
At the Hearing
The Tribunal will assess:
- Is your intention to demolish genuine?
- Do you have the necessary permissions?
- Are contractors engaged or quotes obtained?
- Is there a clear timeline for demolition?
Ground 7 FAQ
What if demolition is delayed after eviction?
Reasonable delays don't create problems, but if you abandon the demolition plans entirely, the former tenant may have a wrongful termination claim.
Do I need planning permission before applying?
Having planning permission significantly strengthens your case. Without it, the Tribunal may question whether demolition will actually happen.
Can I rebuild residential property afterwards?
Yes. Ground 7 is about demolition, not what comes after. You can demolish and rebuild residential, commercial, or any other type of property.
What about dangerous buildings?
If a building is dangerous and requires demolition, this strengthens your Ground 7 case. Obtain structural engineer reports to support your application.
Can the tenant claim compensation?
There's no automatic compensation for Ground 7 eviction under the PRT. However, check your tenancy agreement for any terms about this.
Planning a Development Project?
Landlord Heaven provides guidance and templates for landlords undertaking property development that requires tenant eviction.
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