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Tell your tenant they need to leave

This form will help you make a 'Tenant Notice to Leave'. This is a legal document which tells your tenant they must leave your property.

Warning

This version of the form is in place from 1 April 2021 until 31 March 2022.

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 after 1 December 2017).

Find out what to do if your tenant has:

Asking your tenant to leave

During coronavirus you cannot evict tenants in Scotland for up to 6 months in most cases. Read the coronavirus guidance for private landlords and letting agents on gov.scot.

By law, you can only ask your tenant 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  • your House in Multiple Occupation (HMO) licence has been revoked by your local council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 tenant no needs this service
  • your tenant is no longer living in your property
  • your tenant has breached a term(s) of their tenancy agreement
  • your tenant is in rent arrears over three consecutive months
  • your tenant has a criminal conviction - this ground only applies to certain crimes
  • your tenant has been involved in antisocial behaviour - this ground only applies to certain antisocial behaviour
  • your tenant has been with someone at the property who has a criminal conviction or has engaged in antisocial behaviour - only applies to certain crimes or antisocial behaviour

How to use a 'Tenant Notice to Leave'

By giving your tenant 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)

Notice period

You'll need to give your tenant 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 tenant is given before they must leave a property is called 'notice'.

The amount of notice you need to give your tenant will either be 6 months, 3 months or 28 days. The amount of notice depends on the ground used.

Grounds that require you to give 6 months' notice are:

  • 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 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
  • your property provides supported accommodation but your tenant no needs this service
  • your tenant has breached a term(s) of their tenancy agreement
  • an overcrowding statutory notice has been served on you
  • your tenant is in rent arrears over three consecutive months
  • 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

Grounds that require you to give your tenant 3 months' notice are:

  • you intend to live in the property
  • someone in your family is going to move into the property
  • you have had your landlord registration refused or revoked
  • your House in Multiple Occupation (HMO) licence has been revoked by your local council

Grounds that require you to give your tenant 28 days' notice are:

  • your tenant has a criminal conviction - this ground only applies to certain crimes
  • your tenant has been involved in antisocial behaviour
  • your tenant has been with someone at the property who has a criminal conviction or has engaged in antisocial behaviour
  • your tenant is no longer living in your property.

Giving the notice to your tenant

If you give your tenant 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 have a Sheriff Officer deliver the notice by hand, you do not need to delay the start of the notice period.

Subtenants

If you also want to evict a subtenant you'll need to use the 'Subtenants Notice to Leave'. You'll need to include a copy of your tenant's Notice to Leave with the notice which you give to your subtenant.

Refusing to leave the property

If your tenant 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 tenant was given:

  • 6 months' notice - you can contact the Tribunal from the day after the 6 month period has passed
  • 3 months' notice - you can contact the Tribunal from the day after the 3 month period has passed
  • 28 days' notice - you can contact the tribunal from day 29

Create a 'Tenant Notice to Leave'

To complete the form you will need:

  • details about your grounds for asking a tenant to leave.
  • evidence to support these details, if you have it.
  • your tenant's details. If you're evicting joint tenants you can add their names to the same Notice to Leave. If you're evicting any tenants who aren't on the same tenancy agreement you will have to give each tenant 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 tenant must leave.

You can view a read-only copy of the Tenant Notice to Leave on gov.scot.

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