Eviction in Scotland: how to end a private residential tenancy with a notice to leave

A landlord in Scotland can only end a private residential tenancy by serving a notice to leave that cites one or more of the 18 eviction grounds in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016, waiting out a notice period of 28 or 84 days, and then, if the tenant has not left, applying to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. There is no Section 21, no Section 8 and no county court in Scotland. Every one of the 18 grounds is discretionary, so the tribunal grants an order only where the ground is proved and eviction is reasonable. This guide sets out the grounds, the notice periods, how to serve a valid notice, the arrears pre-action rules, the tribunal process and the penalties for getting it wrong. It reflects the law as at 26 September 2026.

How eviction works in Scotland

The process has four stages, and no stage can be skipped. First, identify the ground or grounds that apply and gather the evidence the ground needs. Second, serve a notice to leave in the prescribed form. Third, wait out the notice period; the tenant is entitled to stay until it ends and is not obliged to leave even then. Fourth, apply to the tribunal for an eviction order, attend the case management discussion and any hearing, and, if an order is granted, instruct sheriff officers to enforce it. A landlord who changes the locks, removes belongings or cuts off services at any point commits the criminal offence of unlawful eviction under the Rent (Scotland) Act 1984, and the tenant can claim damages.

The 18 grounds for eviction

The grounds fall into three groups: the landlord's own circumstances, the tenant's conduct, and the property's legal status. The notice period depends on which group the ground is in and how long the tenant has lived in the property.

Where a notice cites more than one ground with different periods, the longer period applies. Grounds 13, 14 and 15 must reach the tribunal within a year of the conviction or behaviour unless there is a reasonable excuse. Ground 16 is triggered by a lapse on the Scottish Landlord Register, and ground 17 by the loss of an HMO licence; both are grounds a landlord would rather never need. The Scottish Government's ground-by-ground guidance describes the evidence each expects: a solicitor's or agent's letter or a home report for ground 1, planning permission or a building contract for ground 3, and an affidavit for grounds 4 and 5.

Counting the notice period

The notice period starts the day after the tenant receives the notice. A notice sent by post or email is treated as received 48 hours after it is sent, so a notice posted on 1 March is received on 3 March and a 28-day period runs from 4 March to 31 March; the earliest date the landlord can apply to the tribunal is 1 April, and that date must be stated on the notice itself. Get the arithmetic wrong by a day and the notice is invalid, the tribunal will refuse the application, and the landlord starts again. The application must be made within six months of the notice period ending, after which the notice lapses.

Serving a valid notice to leave

The notice must be in the prescribed form set by the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017, in writing, and must state the ground or grounds relied on, the reasons the landlord believes each ground applies, and the date on which the landlord expects to be entitled to apply to the tribunal. Supporting evidence should be attached. It can be delivered by hand, by recorded post, or by email where the tenancy agreement provides for email notices, which the Scottish Government model agreement does. A joint tenancy needs a notice served on every joint tenant, and a lawful sub-tenant needs a separate sub-tenancy notice to leave with a copy of the main notice attached. Where a tenant agrees to leave earlier than the date on the notice, the tenancy ends on the agreed date without a tribunal application; get that agreement in writing.

Rent arrears: the pre-action requirements

Before serving a notice to leave on ground 12, the landlord must have complied with the pre-action requirements for rent arrears, made permanent from 1 October 2022: give the tenant clear written information about the arrears, the tenancy terms on rent and the consequences of non-payment; make reasonable efforts to agree a repayment plan; and signpost the tenant to advice and to any benefit or financial support they may be entitled to. The tribunal weighs the landlord's compliance when deciding whether eviction is reasonable, and it will also ask whether the arrears arose from a delay in a benefit payment. A rent statement that shows each due date, each payment and the running balance is the document the tribunal expects to see; August's rent tracking produces one per tenancy, dated, with the missed months marked.

Applying to the First-tier Tribunal

There is no fee to apply. The application form for a PRT eviction is submitted to the Housing and Property Chamber with the tenancy agreement, the notice to leave, proof of service and the ground evidence. The tribunal notifies the tenant, who can lodge written representations, then lists a case management discussion, usually by video, at which many cases are decided; contested cases go to a hearing. Because every ground is discretionary, the tribunal must be satisfied that eviction is reasonable in all the circumstances, and it will look at the tenant's situation, the landlord's, and how the landlord has conducted the tenancy. An eviction order is enforced by sheriff officers, not by the landlord. The whole process from serving notice to recovering possession commonly takes four to eight months in an uncontested case and longer where it is disputed; the England figures are different because the county court, not a tribunal, hears the claim.

Where we have seen tribunal applications fail, it has almost never been on the ground itself. It has been a notice period miscounted from the posting date rather than the deemed receipt date, or a ground 1 application with no evidence of an intention to sell beyond the landlord's say-so. Both are avoidable with a calendar and a solicitor's letter.

Wrongful termination and the 6 October 2026 change

If a tenant leaves because of a notice to leave, or is evicted under an order, and the ground turns out not to have been genuine, the tenant can apply for a wrongful termination order. The classic case is ground 1: the landlord recovers possession to sell and re-lets instead. Until now the award has been capped at six months' rent. Under the Housing (Scotland) Act 2025, for tenancies ended on or after 6 October 2026 the award is between three and 36 months' rent, and the tribunal must copy the order to every council where the landlord is registered, which feeds into the fit and proper person test at renewal. Keep the evidence for the ground you used, dated, for at least three years after possession.

Short assured tenancies and the England comparison

A short assured or assured tenancy that began before 1 December 2017 is ended by the old route: a notice to quit served with a section 33 notice at the end of the term, and an application to the same tribunal. No ground is needed for a short assured tenancy at term end, which is why landlords with pre-2017 tenancies sometimes prefer not to disturb them; the 2025 Act contains a power to convert them to PRTs that has not yet been commenced. In England the equivalent process runs on Section 8 grounds through the county court since the Renters' Rights Act 2025 abolished Section 21. A landlord with property in both nations is running two different eviction systems, with different notices, different periods and different forums; the wider Scottish duties are set out in our Scottish landlord guide.

Frequently asked questions

Can I evict a tenant in Scotland to sell the property? 

Yes, under ground 1, if you intend to market the property within three months of the tenant leaving. You need evidence, typically a solicitor's or estate agent's letter or a home report, and the tribunal must still find eviction reasonable. Re-letting instead of selling exposes you to a wrongful termination order of up to 36 months' rent for tenancies ended from 6 October 2026.

How much notice does a landlord have to give in Scotland? 

28 days where the tenant has lived in the property for six months or less, or where the ground is one of the conduct grounds 10 to 15; 84 days in every other case. The period starts the day after the tenant receives the notice, and a posted or emailed notice is received 48 hours after sending.

Can a tenant refuse to leave after a notice to leave? 

Yes. The notice ends the landlord's obligation to let the tenant stay only once the tribunal grants an eviction order. Until then the tenancy continues and rent remains payable.

Do I need a solicitor to apply to the tribunal? 

No. Many landlords apply themselves, and there is no fee. The tribunal's decisions are published, so the evidence it expects for each ground is easy to see in advance. Keeping the tenancy agreement, the notice, proof of service and the rent statement together is most of the preparation, and you can start for free.