Short assured tenancies always last a fixed length of time (at least six months). Only tenants that moved in before 1 December 2017 may still be on a short assured tenancy.
If you want your tenant to leave at the end of a short assured tenancy, they have to do so and you do not have to give a reason.
However, you still have to give your tenant:
- a 'notice to quit'
- the appropriate notice in writing that you want the property back – this is called a section 33 notice
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 eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber) ('the Tribunal' for short) 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.
Section 33 notice
A section 33 is a second notice that you also have to send to short assured tenants as well as the notice to quit.
This should be a letter that tells your tenant:
- the right amount of notice for the grounds
- you want possession of the home once the notice ends
- once the notice runs out you still have to get an eviction order from the Tribunal before they have to leave
- they can get independent advice, and tells them where to find it
If you want your tenant to move out on the day their tenancy runs out, you have to send them a section 33 notice the right amount of time in advance. Before the 7 April 2020 this was 2 months. During coronavirus, until at least 29 March 2022, the notice periods vary for the different eviction reasons (grounds). You cannot make them leave any sooner than this.
There are more steps a landlord has to do before taking eviction action on the grounds of rent arrears during coronavirus. These steps apply for any evictions where all, or part of the arrears, occurred on or after 27 May 2020.
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.
Changes due to coronavirus (COVID-19)
The Scottish Government has passed an emergency law to protect renters in Scotland during coronavirus.
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