Tell your subtenant they need to leave

This notice should only be used if your subtenant has a 'private residential tenancy'.

A subtenant is a person who is renting a property, or section of a property, from your tenant.

If your subtenant started renting from your tenant on or after 1 December 2017, they're likely to have a private residential tenancy.

If the tenancy agreement started before 1 December 2017 they do not have a private residential tenancy and you should not use this notice (unless the tenancy was converted to a private residential tenancy on or after 1 December 2017).

Find out more about what to do if your subtenant does not have a private residential tenancy.

Asking your subtenant to leave

By law, you can only ask your subtenant to leave for one of these reasons:

  • you want to sell the property you're renting out
  • the mortgage lender has repossessed your property and is selling it
  • you want to carry out work to the property which means no one will be able to live there while the work is carried out
  • you want to live in the property
  • someone in your family is going to move into the property
  • you no longer want to use the property as a place where someone lives, such as if you want to use it as a business or an office
  • you need your property for a religious purpose, such as a priest or imam is going to live there
  • you have had your landlord registration refused or revoked
  • your House in Multiple Occupation (HMO) licence has been revoked by your local council or renewal has been refused
  • an overcrowding statutory notice has been served on you
  • your tenant has stopped being employed by you, or you thought they were going to be employed by you but this is no longer the case
  • your property provides supported accommodation but your subtenant no longer needs help

How to use a 'Subtenant Notice to Leave'

By giving your subtenant a Notice to Leave, you are telling them:

  • that they must leave the property
  • the date they should leave the property by
  • why you are asking them to leave (also known as grounds)

If you are asking your subtenant to leave for one of the reasons above, it will be because you are asking your tenant (likely to be your subtenant's landlord) to leave at the same time.

Notice period

You'll need to give your subtenant the right amount of time to leave the property and tell them under which grounds you are asking them to leave. The amount of time a subtenant is given before they must leave a property is called 'notice'.

The amount of notice you need to give your subtenant depends on how long they've lived in the property. If it's 6 months or less, you need to give 28 days' notice. If it's more than 6 months, you need to give 84 days' notice.

Giving the notice to your tenant

If you give your subtenant this notice by recorded post or by email, you will need to delay the start date of the notice period by 2 days to give your tenant time to receive it. For example, you may send a Notice to Leave on the 1st of June which tells the tenant that their notice period begins on the 3rd of June.

Should you choose to deliver the notice by hand, you do not need to delay the start of the notice period.

You should attach a copy of your tenant's Notice to Leave to the Subtenant Notice to Leave which you give your subtenant.

If the subtenant's behaviour is the cause of them being asked to leave (for example, if they are behaving antisocially), it is the responsbility of the subtenant's landlord (your tenant or mid-tenant) to serve them with a Notice to Leave. This is not something you can do if you are the head landlord.

Refusing to leave the property

If your subtenant ignores the Notice to Leave or refuses to leave the property you can apply to the First-tier Tribunal for Scotland Housing and Property Chamber to issue an eviction notice. If your subtenant was given 28 days' notice you can contact the tribunal from day 29, or from day 85 if they were given 84 days' notice.

Create a 'Subtenant Notice to Leave'

To complete the form you will need::

  • details about your grounds for asking a subtenant to leave.
  • evidence to support these details, if you have it.
  • your subtenant's details. If you're evicting joint subtenants you can add their names to the same Subtenants Notice to Leave. If you're evicting any subtenants who aren't on the same tenancy agreement you will have to give each subtenant their own Notice to Leave. This means you will have to complete this form more than once.
  • the end of the notice period. This means the last date before your subtenant must leave.

Address

Enter a postcode to find the rental property's address.

    Enter the address manually

    Letting agent

    Does a letting agent manage the property for you?

    Subtenant(s)

    Grounds for eviction

    Choose the reason why your subtenant needs to leave

    Details

    You need to give details about the ground you've chosen for eviction.

    As an example, if you're giving your subtenant a Notice to Leave because they haven't paid rent, include details about how many payments have been missed and the amount of each missed payment.

    Evidence

    If you can, you should give evidence to support the reason you've given your subtenant for eviction. For instance, if you're evicting your subtenant because of work on your property, you can give your subtenant copies of building plans or receipts as proof of the work you're doing. You can give your subtenant these copies when you hand them this Notice to Leave, post them, or include them as part of an email if that's your subtenant's preferred method of contact.

    Notice period

    You need to tell your subtenant what the last day of this notice period is. There are rules around how much notice you need to give.

    Do you want help to work out the end date of the notice?

    Summary

    Your Subtenant Notice To Leave is ready to download

    You need to complete the following challenge before you can download your application.

    Signing this notice

    Giving your subtenant this notice

    You must give your subtenant this notice in the way agreed in your tenancy agreement.

    If you're sending this notice by email you can sign it without printing the notice.

    You can sign a Word document by opening the document in Microsoft Word and typing your name where you need to sign.

    If you're signing a PDF, you can open the PDF in Adobe Acrobat Reader DC and use Adobe's 'fill & sign' tool.

    If you don't have Adobe Acrobat Reader DC you can get it as a free download. You can also read Adobe's advice about signing a PDF if you need more help.

    Keep a version saved

    You should keep a record of emails you send to and receive from your subtenant.