Eviction if you have a private residential tenancy
To end your private residential tenancy, your landlord must send you a notice to leave. This is a legal document that includes the date they want you to move out.
If you do not agree to move out by the end of the notice period, they can apply to a housing tribunal for an eviction order. The tribunal is called the First-Tier Tribunal for Scotland (Housing and Property Chamber).
Getting a notice to leave
The notice to leave must be in writing. Your landlord can give you this by email, post or by hand.
It must tell you:
- that you must leave the property
- the reason you’re being asked to leave – called an ‘eviction ground’
- how long they’re giving you to move out – called your ‘notice period’
Your landlord must give you a correct notice to leave. If they do not, they may not be able to get an eviction order from the tribunal.
Check what a notice to leave looks like on gov.scot.
If you sublet to someone
Your landlord will also need to send the subtenant a notice to leave.
The notice period your landlord must give you
The notice period you must get depends on the eviction ground, and how long you’ve lived in the property. It will either be:
- 28 days (4 weeks)
- 84 days (12 weeks)
Eviction grounds
Your landlord cannot evict you for no reason. They 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 must get
Your landlord can use more than one eviction ground. If the grounds have different notice periods, the longer notice period will apply.
1. Your landlord intends to sell the property
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if they plan to put the property up for sale within 3 months of you moving out.
They’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, you must get:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’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 you to leave so they can sell the property
3. Your landlord intends to refurbish the property
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
They can use this ground if they want to carry out major work that’s so disruptive you cannot live there at the same time.
They’ll need evidence to prove this, such as:
- planning permission documents
- contracts with architects or builders
4. Your landlord intends to live in the property
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if they intend to live there as their main home for at least 3 months.
They’ll need evidence to prove this, such as an affidavit saying this is what they are 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. Your landlord intends to use the property for non-residential purpose
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if they want to use the property for something other than a home.
They’ll need evidence to prove this, such as planning permission to change use of the property.
6. The property is required for a religious purpose
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can 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 has been used for this purpose before
7. You have a relevant criminal conviction
To use this ground, your landlord must give you 28 days’ notice (4 weeks). It does not matter how long you’ve lived there.
Your landlord can use this ground if you’re convicted of an offence that is punishable by imprisonment. This applies whether you:
- used the property for illegal reasons
- let someone use the property for illegal reasons
- committed a crime within or near the property
Your landlord has to apply to the tribunal within a year of you being convicted, unless they have a reasonable excuse for not applying before then.
8. You’re no longer occupying the property
To use this ground, your landlord must give you 28 days’ notice (4 weeks). It does not matter how long you’ve lived there.
Your landlord can use this ground if they believe you do not live in the property as your main home.
They cannot use this ground if you’re not living in the property because it does not meet the required standard of repairs.
9. Your landlord’s family member intends to live in the property
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if a member of their family will live there as their main home for at least 3 months.
They’ll need evidence to prove this, such as an affidavit saying this is what they are 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 them as though they were married to them
- 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 landlord's 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. You no longer need supported accommodation
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if both the following apply:
- the property was rented to you because you needed community care
- you have been assessed as no longer needing community care
11. You’ve breached a term of your tenancy agreement
To use this ground, your landlord must give you 28 days’ notice (4 weeks). It does not matter how long you’ve lived there.
Your landlord can use this ground if you have not followed the terms of your tenancy agreement.
Your landlord cannot use this ground if you have not paid your rent. There’s a separate eviction ground for rent arrears.
12. You’ve engaged in relevant antisocial behaviour
To use this ground, your landlord must give you 28 days’ notice (4 weeks). It does not matter how long you’ve lived there.
Your landlord can use this ground if you’ve behaved antisocially to another person. This means you’ve either done something to:
- cause someone alarm or distress
- cause someone nuisance or annoyance
- harass someone
To use this ground, your landlord has to apply to the tribunal within a year of the behaviour taking place, unless they have a reasonable excuse.
13. You've associated in the property with someone who has a relevant criminal conviction or has engaged in relevant antisocial behaviour
To use this ground, your landlord must give you 28 days’ notice (4 weeks). It does not matter how long you’ve lived there.
Your landlord can use this ground if you allowed someone into the property and they caused antisocial behaviour.
This person could be:
- a sub-tenant
- a lodger
- someone you let into the property on more than one occasion
To use this ground, your landlord has to apply to the tribunal within a year of the conviction or behaviour taking place, unless they have a reasonable excuse.
14. Your landlord has had their registration refused or revoked
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if they’re not registered as a landlord with the local council.
This can be because the local council has either:
- refused to enter them in the register
- removed them from the register
This means continuing to rent the property to you is illegal.
15. Your landlord’s HMO licence has been revoked or renewal has been refused
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if the local council removes your landlord’s HMO (house in multiple occupation) licence. This means continuing to rent the property to you is illegal.
16. An overcrowding statutory notice has been served on your landlord
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if the local council gives them an overcrowding notice. Councils can issue these notices if a property is so overcrowded it could affect the health of people living there.
17. You’re in rent arrears over 3 consecutive months
If you’ve missed any rent payments, this debt is called rent arrears.
To use this ground, your landlord must give you 28 days’ notice (4 weeks). It does not matter how long you’ve lived there.
Your landlord can use this ground if you’ve had rent arrears for at least 3 months in a row.
The tribunal will consider whether you’re only in arrears because you were not getting a benefit that you qualified for. This can be because you did not get the benefit at all, or there was a delay in getting it.
18. You’ve ceased to be or failed to become an employee of your landlord
To use this ground, your landlord must give you:
- 84 days’ notice (12 weeks), if you’ve lived there for 6 months or more
- 28 days’ notice (4 weeks), if you’ve lived there for less than 6 months
Your landlord can use this ground if they let you move in because you were, or were going to be, their employee but now you are not.
If you do not move out
Your landlord will need to apply for an eviction order if you do not move out by the end of the notice period.
If your landlord uses false information
Check what you can do if your landlord uses false information to get you to leave.