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.
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 more about what to do if your tenant does not have a private residential tenancy.
Asking your tenant to leave
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, 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- your House in Multiple Occupation (HMO) licence has been revoked by your local council or renewal has been refused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 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)
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 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.
Tenant's who are given a Notice to Leave on the grounds of antisocial behaviour can be given 28 days' notice, regardless of how long they have lived at the 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 deliver the notice by hand, you do not need to delay the start of the notice period.
If you also want to evict a subtenant you'll need to use the 'Subtenants Notice to Leave'.
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 28 days' notice you can contact the tribunal from day 29, or from day 85 if they were given 84 days' notice.
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.