Publication - Advice and guidance

Private residential tenancy: information for tenants

Published: 26 Apr 2017

Guidance for private sector tenants on the Private Housing (Tenancies) (Scotland) Act 2016.

Private residential tenancy: information for tenants
Ending the tenancy: notice to leave

If your landlord wants to end the tenancy

Your landlord can only end your tenancy by using one of the 18 grounds for eviction. When your landlord gives you notice to leave, they must tell you what eviction ground(s) they are using and may provide evidence to support this. They must use a specific notice called a ‘Notice to Leave’ to do this.

Notice needed

The amount of notice your Landlord must give you during the COVID-19 emergency procedures will depend on the eviction ground used. The notice period will either be 6 months, 3 months or 28 days. Details of the amount of notice that your landlord must give you for each ground are detailed below: 11

Grounds that require 6 months’ notice

  • Your Landlord intends to sell the Let Property
  • The Let Property is to be sold by the mortgage lender
  • Your Landlord intends to refurbish the Let Property
  • Your Landlord intends to use the Let Property for a non-residential purpose
  • The Let Property is required for a religious purpose
  • You cease to be - or fail to become - an employee of the Landlord
  • You no longer need supported accommodation
  • You have breached a term(s) of your tenancy agreement
  • You are in rent arrears over three consecutive months
  • An Overcrowding Statutory Notice has been served on your Landlord

Grounds that require 3 months’ notice

  • Your Landlord intends to live in the Let Property
  • Your Landlord’s family member intends to live in the Let Property
  • Your Landlord has had their registration refused or revoked
  • Your Landlord’s HMO licence has been revoked or renewal has been refused

Ground that requires 28 days’ notice

  • You have a relevant criminal conviction
  • You have engaged in relevant antisocial behaviour
  • You have associated in the Let Property with someone who has a relevant criminal conviction or has engaged in relevant antisocial behaviour
  • You are no longer occupying the Let Property

Eviction orders

If your landlord gives you a notice to leave and you don't move out as soon as the notice period ends, they can apply to the First-tier Tribunal for an eviction order.

When your landlord applies for an eviction order they must give the First-tier Tribunal a copy of the 'notice to leave' they gave you, stating which of the grounds for eviction they gave you.

Your landlord can only make an application for an eviction order if it's been less than six months since the notice they gave you expired.

Sub-tenants

If you are a sub-tenant, you will be protected from eviction unless your landlord is being evicted using certain grounds.

 A sub-tenant is someone who is legally renting the property from a landlord/head  tenant. The landlord must have permission from their landlord (the 'head  landlord') to sub-let the property to you.

If the Head Landlord wants to bring a sub-tenancy to an end, they have to give you a 'sub-tenancy notice to leave' , which includes a copy of the notice they gave your landlord/head tenant.

The amount of notice the Head Landlord must give you will depend on the eviction ground used. The notice period will either be 6 months’ or 3 months’ and are shown below:

 

Grounds that require 6 months’ notice

  • Landlord intends to sell the Let Property
  • The Let Property is to be sold by the mortgage lender
  • Landlord intends to refurbish the Let Property
  • Landlord intends to use the Let Property for a non-residential purpose
  • The Let Property is required for a religious purpose
  • Tenant ceases to be - or fails to become - an employee
  • Tenant no longer needs supported accommodation
  • An Overcrowding statutory notice has been served on the Landlord

Grounds that require 3 months’ notice

  • Landlord intends to live in the Let Property
  • Landlord’s family member intends to live in the Let Property
  • Landlord has had their registration refused or revoked
  • Landlord’s HMO licence has been revoked or renewal has been refused

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