In Scotland, most private tenancies started since December 2017 are Private Residential Tenancies (PRTs). Eviction requires serving a 'Notice to Leave' based on one or more of the 18 specific grounds in the Private Housing (Tenancies) (Scotland) Act 2016. There is no 'no-fault' eviction equivalent to Section 21.
Key Features:
- Grounds Essential: You must cite one of the 18 valid grounds (e.g., landlord intends to sell, tenant rent arrears, anti-social behaviour).
- Notice to Leave: Must be in writing, state the ground(s) with reasons/evidence, and give the correct notice period.
- Notice Periods: Usually 28 days if tenancy < 6 months OR for certain tenant-fault grounds (e.g., anti-social behaviour); 84 days if tenancy > 6 months for most other grounds. Check carefully!
- Tribunal Route: If the tenant doesn't leave, you apply to the First-tier Tribunal (Housing and Property Chamber), not the courts.
- Mandatory/Discretionary Grounds: Similar concept to England/Wales – some grounds guarantee eviction if proven, others are subject to the Tribunal deeming it reasonable.
Using the correct ground and notice period on the Notice to Leave is the critical first step. Legalmaster™ provides compliant Scottish Notice to Leave documents.
