Giving a tenant notice to end a private residential tenancy

To end a private residential tenancy, you must send your tenant a notice to leave. This is a legal document that includes the date you want them to move out.

You must give them a correct notice to leave. If you do not, you may not be able to get an eviction order from the First-Tier Tribunal for Scotland (Housing and Property Chamber).

Creating a notice to leave

The notice to leave must tell them:

  • that they must leave the property
  • the reason you’re asking them to leave – called an ‘eviction ground’
  • how long the tenant has to move out – called the ‘notice period’

You can create a notice to leave online or get template versions to complete.

Create a notice to leave for a private residential tenancy.

If your tenant sublets to someone

You’ll also need to send the subtenant a notice to leave.

Create a notice to leave for a subtenant.

The notice period you must give

The notice period you must give depends on the eviction ground, and how long they’ve lived in the property. It will either be:

  • 28 days (4 weeks)
  • 84 days (12 weeks)

Grounds for ending the tenancy

You cannot evict your tenant for no reason. You must use one of the following grounds.

Checking the eviction grounds will make sure you know:

  • any conditions of using the relevant ground to end the tenancy
  • how much notice you need to give the tenant

You can use more than one eviction ground. If the grounds have different notice periods, the longer notice period will apply.

1. You intend to sell the property

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if you plan to put the property up for sale within 3 months of the tenant moving out. 

You’ll need evidence to prove this, such as a home report or letter from a solicitor or an estate agent. 

2. The property is to be sold by the mortgage lender

For this ground, your tenant must get: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

This ground can be used if: 

  • the property is being repossessed by the lender 
  • the lender needs the tenant to leave so they can sell the property 

3. You intend to refurbish the property

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if you want to carry out major work that’s so disruptive the tenant cannot live there at the same time. 

You’ll need evidence to prove this, such as: 

  • planning permission documents 
  • contracts with architects or builders 

4. You intend to live in the property

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if you intend to live there as your main home for at least 3 months. 

You’ll need evidence to prove this, such as an affidavit saying this is what you’re going to do. An affidavit is a written statement, signed under oath in the presence of a Notary Public or a Justice of the Peace. 

5. You intend to use the property for non-residential purpose

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if you want to use the property for something other than a home. 

You’ll need evidence to prove this, such as planning permission to change use of the property. 

6. You require the property for a religious purpose

For this ground, your landlord must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if both: 

  • the property is needed for a religious worker, such as a priest, nun, monk, imam, lay missionary, minister or rabbi  
  • the property’s been used for this purpose before 

7. Your tenant has a relevant criminal conviction

For this ground, you must give your tenant 28 days’ notice (4 weeks). It does not matter how long they’ve lived there. 

You can only use this ground if your tenant was convicted of an offence that is punishable by imprisonment. This applies whether or not they: 

  • used the property for illegal reasons 
  • let someone use the property for illegal reasons 
  • committed a crime within or near the property 

You have to apply to the tribunal within a year of the tenant being convicted, unless you have a reasonable excuse for not applying before then.

8. Your tenant no longer occupies the property

For this ground, you must give your tenant 28 days’ notice (4 weeks). It does not matter how long they’ve lived there. 

You can only use this ground if you believe your tenant does not live in the property as their main home. 

You cannot use this ground if your tenant moved out temporarily because the property does not meet the required standard of repairs.

9. A family member of yours intends to live in the property

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if a member of your family will live there as their main home for at least 3 months. 

You’ll need evidence to prove this, such as an affidavit saying this is what you’re going to do. An affidavit is a written statement, signed under oath in the presence of a Notary Public or a Justice of the Peace. 

A family member means: 

  • spouse 
  • civil partner 
  • someone living with you as though they were married to you 
  • parent or grandparent 
  • child or grandchild 
  • brother or sister 
  • step or half relatives, such as a stepson or half-sister 
  • person being treated as someone's child, even if they aren't related biologically or legally 
  • any family member (as listed above) of your spouse, civil partner or person living with them as though they were married 
  • the spouse or civil partner of any family members listed above, or someone living with them as though they were married

10. Your tenant no longer needs supported accommodation

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if both the following apply: 

  • you rented the property to the tenant because they needed community care 
  • your tenant has been assessed as no longer needing community care

11. Your tenant breached a term of the tenancy agreement

For this ground, you must give your tenant 28 days’ notice (4 weeks). It does not matter how long they’ve lived there. 

You can only use this ground if your tenant has not followed the terms of their tenancy agreement. 

You cannot use this ground if your tenant has not paid their rent. There is a separate eviction ground for rent arrears.

12. Your tenant engaged in relevant antisocial behaviour

For this ground, you must give your tenant 28 days’ notice (4 weeks). It does not matter how long they’ve lived there. 

You can only use this ground if your tenant behaved antisocially to another person. This means they’ve either done something to: 

  • cause someone alarm or distress 
  • cause someone nuisance or annoyance 
  • harass someone 

To use this ground, you have to apply to the tribunal within a year of the behaviour taking place, unless you have a reasonable excuse.

13. Your tenant associated in the property with someone who has a relevant criminal conviction or has engaged in relevant antisocial behaviour

For this ground, you must give your tenant 28 days’ notice (4 weeks). It does not matter how long they’ve lived there. 

You can only use this ground if your tenant allowed someone into the property who caused antisocial behaviour. 

This person could be: 

  • a sub-tenant 
  • a lodger 
  • someone they let into the property on more than one occasion 

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.  

14. Your landlord registration has been refused or revoked

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if you’re no longer registered as a landlord with the local council. This means continuing to rent the property is illegal. 

This can be because the local council has either: 

  • refused to enter you in the register 
  • removed you from the register 

15. Your HMO licence has been revoked or renewal has been refused

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if the local council removes your HMO (house in multiple occupation) licence. This means continuing to rent the property is illegal.

16. You have been served an overcrowding statutory notice

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if the local council gives you an overcrowding notice. Councils can issue these notices if a property is so overcrowded it could affect the health of people living there. 

17. Your tenant has been in rent arrears over 3 consecutive months

If your tenant has missed any rent payments, this debt is called rent arrears. 

For this ground, you must give your tenant 28 days’ notice (4 weeks). It does not matter how long they’ve lived there. 

You can only use this ground if your tenant’s had rent arrears for at least 3 months in a row.  

The tribunal will consider whether your tenant is only in arrears because they were not getting a benefit that they qualified for. This can be because they did not get the benefit at all, or there was a delay in getting it.

18. Your tenant has ceased to be or failed to become your employee

For this ground, you must give your tenant: 

  • 84 days’ notice (12 weeks), if they’ve lived there for 6 months or more 
  • 28 days’ notice (4 weeks), if they’ve lived there for less than 6 months 

You can only use this ground if you let the tenant move in because they were, or were going to be, your employee but now they are not. 

If the tenant does not move out at the end of the notice period

You can ask a housing tribunal for an eviction order.

If you use false information to get your tenant to leave

Misleading a tenant into moving out is called wrongful termination.

Your tenant can take you to the tribunal for wrongful termination.

They can only apply if:

  • they had a private residential tenancy
  • you sent them a notice to leave

The tribunal will consider both sides of the case. It will decide whether you misled the tenant into moving out.

The tribunal can order you to pay a tenant compensation of up to 6 months’ rent if it finds you misled them.

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