This form will help you make a 'Subtenant Notice to Leave'. This is a legal document which tells your subtenant they must leave your property.
This notice should only be used if your tenant has a 'private residential tenancy
'. This version of the form is in place for the length of emergency COVID-19 procedures (until 31 March 2021, unless updated).
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 tenant 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. For example, if you want to use it as a business or an office
- you need your property for a religious purpose. For example, if 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- your House in Multiple Occupation (HMO) licence has been revoked by your local council
- 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're 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.
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 must give your tenant will depend on the eviction ground used. The notice period will either be 6 months or 3 months.
Grounds that require 6 months' notice are the:
- landlord intends to sell the property
- property is to be sold by the mortgage lender
- landlord intends to refurbish the Let Property
- landlord intends to use the Let Property for a non-residential purpose
- property is required for a religious purpose
- tenant ceases to be - or fails to become - an employee
- tenant no longer needs supported accommodation
- landlord has served an overcrowding statutory notice
Grounds that require 3 months' notice are the:
- landlord intends to live in the property
- landlord's family member intends to live in the property
- landlord has had their registration refused or revoked
- landlord's HMO licence has been revoked or renewal has been refused
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 responsibility 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.
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.
You can view a read-only copy of the Subtenant Notice to Leave on gov.scot.