Ending a tenancy
Ending a joint tenancy
From 1 April 2027, an additional process allowing a joint tenant to end a Private Residential Tenancy for all tenants without requiring mutual agreement comes into force. This helps tenants who may be trapped in a tenancy due to a breakdown in their relationship with other joint tenants.
How the process will work:
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one joint tenant gives all other joint tenants and the landlord a 2-month pre-notice (but no more than 3 months) in writing of their intention to end the tenancy
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after this period, a final 28-day notice to end the tenancy can be served on the landlord. A copy must also be given to the other joint tenants within a set timescale alongside confirmation to the landlord that this has been done.
The 2-month pre-notice period encourages tenants to reach a mutual agreement and gives other joint tenants time to consider their options, such as transferring the tenancy, finding a replacement tenant, or arranging alternative housing.
Wrongful termination payments
If a landlord misleads a tenant or the First-tier Tribunal into ending a tenancy, the former tenant can apply to the Tribunal for compensation.
From 6 October 2026, the level of compensation increases to between 3 and 36 times the monthly rent. Where a low rent is paid, a minimum figure of £840 is used in place of the actual monthly rent if that is a lower amount.
Find out more about: the current process for wrongful termination.
Unlawful eviction damages
The Housing (Scotland) Act 2025 changes how civil damages for unlawful eviction are calculated.
Damages will be set at between 3 and 36 times the monthly rent.
Where no rent or a low rent is paid, a minimum figure of £840 is used in place of the actual monthly rent, if that is a lower amount.
This removes the need for tenants to pay for a professional property valuation, which can be a barrier to seeking damages under current rules. No date has been set for this changet.
Find out more about: the correct process for ending a tenancy.
Delays to eviction enforcement
The Housing (Scotland) Act 2025 places a duty on the First-tier Tribunal to consider whether it would be reasonable in the circumstances to delay the enforcement of an eviction. No date has been set for this change yet as further secondary legislation is required.
The Tribunal must give both the tenant and landlord the opportunity to make representations.
There are several factors the Tribunal may consider when deciding if there should be a delay, such as would the timing of the eviction:
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cause financial hardship to the tenant's household
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have a detrimental effect on the health of the tenant or a household member
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have a detrimental effect due to a disability or terminal illness affecting the tenant or a household member
The Tribunal must also consider the impact on the landlord, including whether a delay would cause financial hardship, affect their health, or have a detrimental effect due to disability or terminal illness.
Some eviction grounds are exempt from this duty, including antisocial conduct, criminal convictions, domestic abuse, and vacant or abandoned properties.
Review of eviction grounds
Scottish Ministers must carry out a review of repossession grounds and report to the Scottish Parliament by 7 November 2027. Landlords and tenants’ views and experiences will be considered.