If your tenant has an assured tenancy, you cannot ask them to leave the property without giving a reason.
You have to give your tenant:
- a 'notice to quit'
- a 'notice of proceedings', which is written notice that you plan to start legal proceedings to get the property back
If your tenant does not agree to move out of the house by the date on the notice to quit, you have up to six months to contact the First-tier Tribunal for Scotland (Housing and Property Chamber) ('the Tribunal' for short) and start the eviction process.
The tenant will then be sent a letter from the Tribunal telling them when the case will be heard so they can give their side of the story.
There are 17 different possible grounds for eviction. You have to prove at least one of these for the Tribunal to decide whether your tenant should be evicted.
Notice to quit
The notice to quit is written notice that you want to end the tenancy and want your tenant to move out of the property.
A notice to quit is only valid if it:
- is in writing
- tells the tenant how long their notice is
- ties in with the 'ish date' (the date the tenancy agreement ends)
- makes it clear that even when the notice runs out you still have to get an order from the Tribunal before the tenant has to leave
- tells the tenant that they can get independent advice, and tells them where they can get it
Since December 2017, eviction cases are now dealt with by the Tribunal rather than the Sheriff Court. Any notice to quit you serve, must make it clear that the case will be dealt with by the Tribunal and must comply with the current regulations.
Notice of proceedings
A notice of proceedings is written notice that you're going to start legal proceedings to get your property back.
It should come on a special form called an AT6, and it should tell the tenant:
- the reasons (or grounds) why you want the property back
- how these reasons apply to the tenant
- how much notice you have to give before you can contact the Tribunal and have them evicted
Download the AT6 form from statutory forms for assured tenancies and short assured tenancies.