Scotland Notice to Leave - Complete Guide 2026
Complete guide to serving a Notice to Leave in Scotland. Learn notice periods, prescribed form requirements, service methods, and common mistakes to avoid.
The Notice to Leave is the first formal step in the Scottish eviction process. Before you can apply to the First-tier Tribunal for an eviction order, you must serve a valid Notice to Leave and wait for the notice period to expire.
Critical Points
- You MUST use the prescribed form
- Notice periods range from 28 to 84 days
- Keep proof of service
- Notice is valid for 6 months after expiry
What Is a Notice to Leave?
A Notice to Leave is the formal document a landlord must give a tenant to begin the eviction process for a Private Residential Tenancy (PRT) in Scotland. It informs the tenant you want them to leave, states the eviction ground(s), and gives a deadline.
The Notice to Leave is NOT an eviction order. Even after receiving it, the tenant has no legal obligation to leave until a Tribunal order is obtained.
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You must serve a Notice to Leave before applying to the First-tier Tribunal. You cannot apply until the notice period has fully expired and the tenant hasn't left.
Notice Validity Period
A Notice to Leave is valid for 6 months from the date the notice period expires. If you don't apply to the Tribunal within this time, you'll need a new notice.
Notice Periods
| Ground | Under 6 Months | 6+ Months |
|---|---|---|
| Ground 1 (Selling) | 28 days | 84 days |
| Ground 4 (Landlord moving in) | 28 days | 84 days |
| Ground 11 (Breach) | 28 days | 28 days |
| Ground 12 (Rent arrears) | 28 days | 28 days |
| Ground 14 (Antisocial) | 28 days | 28 days |
The Prescribed Form
You MUST use the prescribed form for the Notice to Leave. No other format is valid. The form includes property details, tenant names, eviction grounds with checkboxes, the leave date, and landlord signature.
Use Current Version
Always download a fresh copy of the form from the Scottish Government website to ensure you're using the current version.
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How to Serve the Notice
Acceptable Methods
- Personal delivery: Hand it directly to the tenant
- Recorded delivery: Post with Royal Mail tracking
- Email: Only if the tenant agreed to receive notices by email
- Leaving at property: If personal delivery fails
Proof of Service
Keep evidence such as:
- Royal Mail tracking/receipt
- Signed witness statement
- Email delivery receipt
- Dated photograph
Common Mistakes
Critical Errors
- Wrong form: Using an informal letter
- Wrong notice period: Giving 28 days when 84 is required
- No proof of service: Can't prove when/how served
- Applying too early: Before notice period expires
What Happens After Service
Tenant Options
- Leave by the deadline
- Negotiate an alternative
- Stay and wait for Tribunal proceedings
- Seek advice
Landlord Next Steps
If the tenant doesn't leave, wait for the notice period to expire, then submit your Tribunal application with all evidence.
Notice to Leave FAQ
Can I withdraw a Notice to Leave?
There's no formal withdrawal. If you don't apply to the Tribunal within 6 months of expiry, it becomes invalid.
Can I change the ground after serving?
Not on the same notice. You'll need to serve a new Notice to Leave with the correct ground(s).
Can I serve notice by WhatsApp?
Only email is specifically valid for electronic service (if agreed). WhatsApp is risky - stick to recorded delivery.
What about multiple tenants?
You must serve the notice on ALL joint tenants. Serving only one may not be valid.
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Related Guides
Scotland Eviction Process - Complete Landlord Guide 2026
Complete guide to the Scotland eviction process for landlords. Learn about Notice to Leave, First-tier Tribunal applications, eviction orders, and enforcement.
Private Residential Tenancy (PRT) Guide - Scotland 2026
Complete guide to Scotland Private Residential Tenancy. Learn about PRT rules, tenant rights, landlord obligations, rent increases, and how PRTs differ from ASTs.
Scotland First-tier Tribunal - Landlord Guide 2026
Complete guide to the First-tier Tribunal (Housing and Property Chamber) in Scotland. Learn how to apply for eviction orders, what to expect at hearings, and how to prepare.