Reasons for eviction
With the introduction of the PRT in Scotland there are now 18 different reasons for eviction. If a Landlord wants their tenant to leave the property at least one of these grounds must be given.
The 18 reasons have been split into mandatory and discretionary. If tenants refuse to leave Landlords can apply First-tier Tribunal for an eviction order under these grounds.:
The Tribunal will be able to decide whether to give an eviction order if:
Landlord applies on or after the date 12 months after the tenant stopped being an employee.
The tenant never became an employee but the Landlord applies on or after the date 12 months after the tenancy started.
If the Tribunal agrees that the ground exists, the tenant must leave the property.
1. Landlord intends to sell the let property
This applies if the Landlord plans to sell the property within three months of the tenant moving out. Landlords will need evidence to prove it by disclosing a letter from a solicitor or an estate agent, or a recent home report for the property.
2. Let property to be sold by lender
If the mortgage lender wants to repossess the property and sell it.
3. Landlord intends to refurbish the let property
If major works to the property need to be carried out that are so disruptive that the tenant wouldn't be able to live there at the same time. Example of evidence could again need to be provided e.g. could include planning permission, or a contract between you and an architect or a builder for the work to be carried out.
4. Landlord intends to live in let property
This ground applies if you want he Landlord wants the tenant to move out of the property so that the Landlord can move in. Evidence could include an affidavit (a written statement, signed under oath in the presence of a Notary Public or a Justice of the Peace, that can be used as evidence in a court) saying this is what you are going to do.
5. Landlord intends to use the let property for non-residential purpose
This ground applies if you want the tenant to move out so you can use the property for something other than a home. Evidence could include planning permission that will let you use the property for a different purpose.
6. Let property required for religious worker
This ground applies if the property is held to be available for someone who has a religious job (like a priest, nun, monk, imam, lay missionary, minister, rabbi or something similar). The ground only works if the property has been used for this purpose before.
7. Tenant has a relevant criminal conviction
This ground applies if the tenant is convicted of an offence punishable by imprisonment that involved them either:
Using the property for illegal reasons.
Letting someone use the property for illegal reasons.
Committing a crime within or near the property.
Landlords would have to apply to the Tribunal within a year of the tenant getting the conviction.
8. Tenant is no longer occupying the let property
This ground applies if the property isn't being used as the main or only home of the tenant or a legal sub-tenant. This doesn't count the Landlord has failed to keep the property in good repair and the tenant has had to move out for their own safety.
The next eight grounds for eviction are 'discretionary'. This means that even if the Tribunal agrees that the ground exists, it still has to decide whether it will issue an eviction order.
9. Landlord's family member intends to live in the let property
If a member of the Landlord's family plans to move into the property as their only or main home for at least three months. Family members qualify as:
Someone the Landlord is married to.
Someone the Landlord is in a civil partnership with.
Someone living with the Landlord as though they were married to you.
A parent or grandparent.
A child or grandchild.
A brother or sister.
Step or half relatives (like a stepson or half-sister).
A person being treated as someone's child even if they aren't related biologically or legally.
Any family member (as listed above) of the Landlord/s spouse, civil partner or person living with you as though married.
The spouse or civil partner of any family members listed above, or someone living with them as though they were married.
You need evidence for this ground. This could include an affidavit stating that this is what your family member intends to do.
10. Tenant no longer needs supported accommodation
This reaons would apply if the tenant had originally moved in because they had a need for community care and they've since been assessed as no longer having that need.
11. Tenant has breached a term of the tenancy agreement
If the tenant hasn't complied with one or more of the terms of tenancy. This doesn't apply to cases where the tenant hasn't paid their rent (known as 'rent arrears') – there's a separate ground for this.
12. The tenant has engaged in relevant antisocial behaviour
If the tenant has behaved in an antisocial way to another person, by doing something which either:
Causes them alarm or distress.
Is a nuisance or annoyance.
Is considered harassment.
The First-tier Tribunal will consider the behaviour, who it involved and where it occurred to decide whether to issue an eviction order. To use this ground, you have to apply to the Tribunal within a year of the conviction or behaviour taking place, unless you have a reasonable excuse.
13. Tenant has associated in the let property with someone who has a criminal conviction or is antisocial
If the tenant allows someone into their property and they behave in an antisocial way that would have them evicted if they were the tenant. This person could be:
A lodger of the tenant.
Someone the tenant lets into the property on more than one occasion.
For this the application to the Tribunal has to have taken place within a year of the conviction or behaviour taking place, unless there is a reasonable excuse.
14. Landlord has had their registration refused or revoked
This ground applies if you aren't registered as a landlord in the local council area where the property is located. This could be because the local council has either:
Refused to enter you in the register.
Removed you from the register.
15. Landlord's HMO licence has been revoked
This would apply if the HMO (House of Multiple Occupancy) licence for the property has been removed and keeping all the tenants in the property would no longer be legal.
16. An overcrowding statutory notice has been served on the landlord
If overcrowding statutory notice' has been served on the Landlord because the property is overcrowded to the extent that it may affect the health of the people living there.
Grounds which could be mandatory or discretionary
The final two grounds can be either mandatory or discretionary, depending on the circumstances of the case.
17. Tenant is in rent arrears over three consecutive months
If the tenant has been in 'rent arrears' (has owed rent payments) for three or more months in a row.
If the tenant still owes at least a month's rent by the first day of the Tribunal hearing, the ground is mandatory and the Tribunal must issue an eviction order. The Tribunal must also be satisfied that the arrears were not due to a delay or failure in the payment of a relevant benefit.
If the tenant owes less than a month's rent (or is no longer in arrears) by the first day of the Tribunal hearing, the ground is discretionary and the Tribunal will decide whether it is reasonable to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.
18. Tenant has stopped being — or has failed to become — an employee
If the tenant originally moved in because they were an employee of the Landlord or were expected to become one, and now they aren't. The First-tier Tribunal will have to give an eviction order if either:
The Landlord applies within 12 months of the tenant no longer being an employee.
The tenant never became an employee and the Landlord apply within 12 months of the tenancy starting.