Eviction Process ScotlandEviction Process Scotland
Follow the legal Scottish route from Notice to Leave through tribunal and enforcement.
Unlike generic form builders, we validate 20+ legal requirements before generating court-ready documents — reducing the risk of rejected claims.
- Compliance checks included before documents are generated
- Jurisdiction-specific documents for UK landlord workflows
- Step-by-step guided wizard built to reduce mistakes and rework
Scotland Has Different Laws
Scotland uses Notice to Leave and the First-tier Tribunal for Scotland (Housing)—not Section 21 or Section 8 which only apply in England. All private tenancies since December 2017 are Private Residential Tenancies (PRTs).
Private Residential Tenancy (PRT) Explained
Since December 2017, all new private tenancies in Scotland are PRTs under the Private Housing (Tenancies) (Scotland) Act 2016.
Open-Ended Tenancy
PRTs have no fixed end date. They continue until the tenant gives notice or the landlord uses a valid eviction ground.
Notice to Leave
To evict, you must serve a Notice to Leave citing one or more of 18 grounds. Notice periods range from 28-84 days.
First-tier Tribunal
If the tenant does not leave, apply to the First-tier Tribunal (Housing)—not the county court like in England.
The 18 Eviction Grounds in Scotland
Scotland has 18 grounds for eviction, split into mandatory (tribunal must grant) and discretionary (tribunal may grant) grounds.
Mandatory Grounds (Tribunal Must Grant)
Property marketed for sale or already under offer
Mortgage lender is exercising power of sale
Substantial work needed that cannot be done with tenant in situ
Landlord or family member intends to live in property
Property needed for religious purposes
At least 3 consecutive months' rent owed at notice AND hearing
Discretionary Grounds (Tribunal May Grant)
Tenant has breached terms of the tenancy agreement
Relevant conviction related to property or area
Tenant or visitor engaged in antisocial behaviour
Property used for criminal activity
Landlord no longer registered with local authority
Property's HMO licence no longer valid
Most Common Grounds
The most frequently used grounds are: Ground 1 (landlord selling), Ground 4 (landlord/family moving in), Ground 12 (rent arrears), and Ground 14 (antisocial behaviour).
Notice Periods in Scotland
Notice periods depend on the ground used AND how long the tenant has lived in the property.
| Tenancy Length | Standard Grounds | Conduct Grounds (11-18) |
|---|---|---|
| Less than 6 months | 28 days | 28 days |
| 6 months or more | 84 days | 28 days |
28 Days Notice
- Tenancy under 6 months (any ground)
- Conduct grounds 11-18 (any tenancy length)
- Includes rent arrears, antisocial behaviour
84 Days Notice
- Tenancy 6+ months (most grounds)
- Grounds 1-10 (landlord circumstances)
- Includes selling, moving in, refurbishment
First-tier Tribunal for Scotland
If your tenant does not leave after the Notice to Leave expires, apply to the First-tier Tribunal (Housing and Property Chamber).
Complete Application Form
Download and complete the tribunal application form from the Scottish Tribunals website. Include copies of Notice to Leave, tenancy agreement, and evidence for your ground.
Submit to Tribunal
Submit your application online or by post. There is no court fee for housing tribunal applications in Scotland (unlike England).
Tribunal Hearing
The tribunal will schedule a hearing (typically 2-4 months wait). Both parties can attend, present evidence, and make their case.
Eviction Order
If successful, the tribunal grants an eviction order. If the tenant still refuses to leave, you can apply to Sheriff Officers for enforcement.
Recovering Rent Arrears in Scotland
Scotland uses the Sheriff Court for money claims—not the County Court or MCOL used in England.
Money Claim Pack is England Only
Our Money Claim Pack is designed for England's County Court and MCOL system. For Scotland, you will need to use the Sheriff Court Simple Procedure (claims under £5,000) or Ordinary Cause (claims £5,000-£100,000).
Questions About Scotland Eviction?
Scotland's eviction rules are different from England. Use our free Ask Heaven tool to get answers specific to Scottish law and the First-tier Tribunal process.
Ask Heaven Free Q&AGet Your Scotland Eviction Documents
Notice to Leave template with all 18 grounds, tribunal application guidance, and step-by-step instructions for Scottish landlords.
Scotland Eviction: Frequently Asked Questions
Get Your Scotland Eviction Pack
Notice to Leave, tribunal guidance, and all 18 grounds covered. Designed for Scottish landlords.
All Court Forms Included • Witness Statements • Step-by-Step Guide
For general information only. This page provides educational content about UK landlord law and is not legal advice. Laws vary by jurisdiction and change over time. For advice specific to your situation, consult a qualified solicitor.