Reasons for eviction in Scotland

Under the Private Residential Tenancy (PRT), landlords in Scotland can only recover possession of their property using one (or more) of the 18 statutory eviction grounds.

To end a PRT, a landlord must:

1. Serve the tenant a valid notice to leave, citing the eviction ground(s) and giving the correct notice period; and
2. If the tenant doesn’t leave, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.

The Tribunal will decide whether the eviction ground(s) are established and, where required, whether it is reasonable to grant an eviction order.

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Notice periods

Notice periods vary depending on the ground(s) used and the tenant’s circumstances. In many cases, the notice period will be either:

• 28 days (4 weeks), or
• 84 days (12 weeks).

If multiple grounds are used, the longer notice period will usually apply. Always check the correct notice period for the specific ground(s) being relied upon.

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18 Grounds for eviction in Scotland

1. Landlord intends to sell the let property

This may apply where the landlord genuinely intends to sell the property after the tenant leaves.

Example evidence: letter/email from a solicitor or estate agent, marketing instructions, or a sales listing.

2. Let property to be sold by lender

This may apply where the mortgage lender is repossessing and intends to sell the property.

Example evidence: lender correspondence, repossession documentation.

3. Landlord intends to refurbish the let property

This may apply where the landlord intends to carry out works that are significantly disruptive, such that it’s impracticable for the tenant to remain.

Example evidence: planning permission (if required), building warrants, contracts/quotes, schedule of works.

4. Landlord intends to live in the let property

This may apply where the landlord intends to occupy the property as their only or principal home.

Example evidence: a signed statement and supporting documents showing the intention to move in.

5. Landlord intends to use the let property for a non-residential purpose

This may apply where the property is to be used for something other than a home (for example, change of use).

Example evidence: planning permissions, business plans, change-of-use documentation.

6. Let property required for a religious worker

This may apply where the property is held for a religious worker (and has previously been used for that purpose).

Example evidence: confirmation from the relevant religious body/organisation.

7. Tenant has a relevant criminal conviction

This may apply where the tenant has a relevant conviction connected to the property, its use, or behaviour in/near it.

Example evidence: details of the conviction and how it relates to the statutory test.

8. Tenant is no longer occupying the let property

This may apply where the tenant is no longer using the property as their only or principal home.

Example evidence: inspection notes, witness statements, correspondence, utility/occupancy indicators.

9. Landlord’s family member intends to live in the let property

This may apply where a qualifying family member genuinely intends to live in the property as their only or principal home.

Example evidence: signed statement from the family member and supporting documents.

10. Tenant no longer needs supported accommodation

This may apply where the tenant was housed because of a need for community care/support and that need no longer applies.

Example evidence: relevant assessment or confirmation from the support provider.

11. Tenant has breached a term of the tenancy agreement

This may apply where the tenant has breached the tenancy terms (other than rent arrears, which has its own ground).

Example evidence: written warnings, records of breaches, photos, contractor reports, correspondence.

12. Tenant has engaged in relevant antisocial behaviour

This may apply where the tenant’s behaviour amounts to antisocial behaviour (such as causing alarm, distress, nuisance/annoyance or harassment).

Example evidence: police incident numbers, neighbour statements, diary logs, noise reports, written warnings.

13. Tenant has associated in the let property with someone who has a criminal conviction or is antisocial

This may apply where the tenant allows someone into the property and that person behaves in a way that meets the statutory test.

Example evidence: police incident numbers, witness statements, diary logs, correspondence.

14. Landlord has had their registration refused or revoked

This may apply where the landlord is not registered (or registration has been refused/revoked) by the relevant local authority.

Example evidence: local authority decision notice/correspondence.

15. Landlord’s HMO licence has been revoked

This may apply where the property requires an HMO licence, the licence has been revoked, and continuing to let would be unlawful.

Example evidence: HMO licensing correspondence, local authority decision notice.

16. An overcrowding statutory notice has been served on the landlord

This may apply where the local authority serves an overcrowding notice requiring action.

Example evidence: the statutory overcrowding notice and related correspondence.

17. Tenant is in rent arrears for three or more consecutive months

This may apply where rent arrears meet the statutory test. The Tribunal will consider the ground and, where required, reasonableness.

Example evidence: rent schedule/statement, communications with the tenant, details of any benefit/payment issues where relevant.

18. Tenant has stopped being (or has failed to become) an employee

This may apply where the tenancy was granted because of employment (or expected employment) and that employment has ended or never began, subject to the statutory conditions.

Example evidence: employment contract/offer letter (if relevant), confirmation of employment ending or not starting.

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