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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.

Scottish LawScotland3 January 202611 min read
Landlord guideProperty Law Specialists
Ground 7demolitionScotlandPRT evictionproperty developmentScottish landlord

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Scotland Ground 7 - Property Demolition Eviction
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Landlord Heaven Legal Team
Property Law Specialists

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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
Property Demolition
Ground 7 applies when you intend to demolish the let property

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:

New tenancy

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  • 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.

Requirements

To successfully use Ground 7, you must demonstrate:

Key Requirements:

  1. 1
    Genuine intention to demolish

    You must have a real, settled intention to demolish the building

  2. 2
    Demolition means complete removal

    Partial demolition or major renovation uses Ground 3 (refurbishment) instead

  3. 3
    You 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 removalBuilding remains, major works
Site clearance for rebuildRenovation or reconfiguration
Building condemned/dangerousBuilding 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
Development Plans
Clear development plans strengthen your Ground 7 application

Notice Requirements

Notice Periods

Tenancy LengthNotice Period
Under 6 months28 days
6 months or more84 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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What to do next

Core eviction guides landlords usually need next

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FAQs for landlords

Reasonable delays don't create problems, but if you abandon the demolition plans entirely, the former tenant may have a wrongful termination claim.
Having planning permission significantly strengthens your case. Without it, the Tribunal may question whether demolition will actually happen.
Yes. Ground 7 is about demolition, not what comes after. You can demolish and rebuild residential, commercial, or any other type of property.
If a building is dangerous and requires demolition, this strengthens your Ground 7 case. Obtain structural engineer reports to support your application.
There's no automatic compensation for Ground 7 eviction under the PRT. However, check your tenancy agreement for any terms about this.
Landlord Heaven provides guidance and templates for landlords undertaking property development that requires tenant eviction.
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