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Eviction Notices in Scotland

Complete guide to Notice to Leave and Private Residential Tenancy (PRT) eviction under Scottish law. 18 eviction grounds and First-tier Tribunal process.

Important: Section 21 and Section 8 notices do NOT apply in Scotland. Scottish landlords must use Notice to Leave under the Private Housing (Tenancies) (Scotland) Act 2016.

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Not legal advice: This guide provides general information about Scottish tenancy law. Laws change regularly - always check the latest Scottish Government guidance or consult a solicitor for your specific situation.

Scotland vs England: Key Differences

Aspect	🏴󠁧󠁢󠁳󠁣󠁴󠁿 Scotland	🏴󠁧󠁢󠁥󠁮󠁧󠁿 England
Legislation	Private Housing (Tenancies) (Scotland) Act 2016	Housing Act 1988
Tenancy type	Private Residential Tenancy (PRT)	Assured Shorthold Tenancy (AST)
Fixed term	No fixed term (open-ended)	Usually 6-12 months fixed
Eviction notice	Notice to Leave	Section 21 / Section 8
Eviction grounds	18 grounds (mandatory + discretionary)	17 grounds (Section 8) + no-fault (Section 21)
No-fault eviction	Never existed for PRTs	Ends May 2026
Court/Tribunal	First-tier Tribunal for Scotland	County Court
Landlord registration	Mandatory (criminal offence if not)	Not required
Max deposit	2 months rent	5 weeks rent

Notice to Leave Requirements

A Notice to Leave is the formal eviction notice used in Scotland. It must be in writing and include:

Notice to Leave Must Include:

The tenant's name and the property address
The eviction ground(s) being relied upon
The day the notice is given
The earliest date the tenant can be expected to leave
Explanation of why the ground applies
Your landlord registration number
Information about where to get advice

All 18 Scottish Eviction Grounds

Mandatory vs Discretionary: For mandatory grounds, the Tribunal must grant eviction if the ground is proven. For discretionary grounds, the Tribunal considers whether eviction is reasonable.

Ground	Description	Notice	Type
1	Landlord intends to sell	84 days	Mandatory
2	Property to be sold by lender	84 days	Mandatory
3	Landlord intends to refurbish	84 days	Discretionary
4	Landlord or family moving in	84 days	Mandatory
5	Landlord intends to use for non-residential purpose	84 days	Discretionary
6	Landlord intends to use for religious purpose	84 days	Discretionary
7	Property required for employee	84 days	Discretionary
8	Tenant no longer needs supported accommodation	84 days	Discretionary
9	Property not tenant's only or principal home	28 days	Discretionary
10	Property required for purpose-built student accommodation	28 days	Mandatory
11	Breach of tenancy agreement	28 days	Discretionary
12	3+ consecutive months rent arrears	28 days	Mandatory
12A	Substantial rent arrears (cumulative)	28 days	Discretionary
13	Criminal conviction relevant to let	28 days	Discretionary
14	Antisocial behaviour	28 days	Mandatory
15	Association with person evicted for antisocial behaviour	28 days	Discretionary
16	Landlord has ceased to be registered	84 days	Mandatory
17	HMO licence revoked	84 days	Mandatory
18	Overcrowding statutory notice	28 days	Mandatory

Scotland Eviction Process

Check Your Eviction Ground

Review the 18 eviction grounds and identify which applies to your situation. Gather evidence to support your ground. For rent arrears (Ground 12), ensure the tenant owes 3+ consecutive months.

Pre-Action Requirements (for rent arrears)

For rent arrears cases, you must complete pre-action requirements including providing information about arrears, offering to discuss payment, and signposting to advice services. Keep records of all communications.

Serve Notice to Leave

Serve the Notice to Leave citing your eviction ground(s). Ensure the correct notice period applies: 28 days for rent arrears/antisocial behaviour, 84 days for most other grounds. Keep proof of service.

Wait for Notice Period

Allow the full notice period to expire. The tenant may leave voluntarily during this time. You cannot apply to the Tribunal until the notice period has ended.

Apply to First-tier Tribunal

If the tenant does not leave, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. You will need to complete the application form and pay the fee.

Note: Scottish evictions go to the Tribunal, not the county court

Attend Tribunal Hearing

Attend the Tribunal hearing with your evidence. For mandatory grounds, the Tribunal must grant the order if the ground is proven. For discretionary grounds, reasonableness will be considered.

Enforcement (if needed)

If the tenant still does not leave after the eviction order, apply to Sheriff Officers for enforcement. Never attempt to remove tenants yourself - this is illegal.

Common Eviction Scenarios in Scotland

Rent Arrears

Ground 12: 3+ consecutive months arrears
Notice: 28 days
Type: Mandatory
Requirement: Complete pre-action protocol

Selling Property

Ground 1: Landlord intends to sell
Notice: 84 days
Type: Mandatory
Evidence: Property must be on market

Moving Back In

Ground 4: Landlord or family moving in
Notice: 84 days
Type: Mandatory
Requirement: Must occupy for at least 3 months

Antisocial Behaviour

Ground 14: Antisocial behaviour
Notice: 28 days
Type: Mandatory
Evidence: Police reports, neighbour statements

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Frequently Asked Questions

No. Section 21 notices do not apply in Scotland. Scottish landlords must use a Notice to Leave citing one of 18 eviction grounds under the Private Housing (Tenancies) (Scotland) Act 2016. Scotland has had grounds-based eviction since 2017.

A Private Residential Tenancy (PRT) is the standard tenancy type in Scotland since December 2017. Unlike English ASTs, PRTs are open-ended with no fixed term. Landlords cannot end a PRT without citing a valid eviction ground. Tenants can end a PRT with 28 days notice.

A Notice to Leave is the Scottish equivalent of an eviction notice. It must cite one or more of the 18 eviction grounds under the Private Housing (Tenancies) (Scotland) Act 2016. Notice periods range from 28 to 84 days depending on the ground used.

Notice periods in Scotland depend on the eviction ground. Rent arrears (Ground 12) and antisocial behaviour (Ground 14) require 28 days. Most other grounds including landlord selling (Ground 1) and landlord moving in (Ground 4) require 84 days notice.

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles eviction cases in Scotland. If a tenant does not leave after the notice period, landlords must apply to the Tribunal for an eviction order - not the county court as in England.

There are 18 eviction grounds under Scottish law. Key grounds include: Ground 1 (landlord intends to sell), Ground 4 (landlord/family moving in), Ground 12 (rent arrears for 3+ months), Ground 13 (breach of tenancy), Ground 14 (antisocial behaviour). Some are mandatory, others discretionary.

Yes. Ground 12 applies when the tenant has 3 or more consecutive months of rent arrears. Ground 12A applies to substantial cumulative arrears. Notice period is 28 days. You must also have completed pre-action requirements before applying to the Tribunal.

Yes. All private landlords in Scotland must register with their local council on the Scottish Landlord Register. It is a criminal offence to let property without registration. Your registration number must appear on the Notice to Leave.

Scottish eviction typically takes 4-8 months. This includes: Notice period (28-84 days), Tribunal application processing (4-8 weeks), Tribunal hearing (4-8 weeks), and enforcement if needed. Contested cases take longer.

No. Section 21 and Section 8 notices are specific to England. Scotland requires a Notice to Leave under the Private Housing (Tenancies) (Scotland) Act 2016. Using incorrect notices will be rejected by the Tribunal.

UK Eviction Guide

All jurisdictions

Scotland PRT Agreements

Create compliant contracts

Renting Homes Act

England only

Recover unpaid rent

Pre-action letter