Eviction Grounds in Scotland: What You Need to Know
Date: 05/03/2024 | Real Estate
The Private Housing (Tenancies) (Scotland) Act 2016 creates 18 eviction grounds that a landlord can utilise to apply to for an eviction order. The notice period for an eviction depends on the application ground and the length of the tenancy.
Landlords must serve on their tenant a valid notice in writing; stating when they need to leave the property by, and on which of these grounds the eviction has been raised. The period of notice is either 28 days’ or 84 days’ notice, taking into consideration the additional requirements around service of the notice. If the notice is served via recorded post or email, deemed service comes into play. This means that the start date of the notice period is delayed by 2 days to account for delivery and receipt. If the notice is served by a Sheriff Officer by hand, the start date is not required to be delayed. Landlords can also apply to the Sheriff Court or First-Tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
The notice period is dependent on the length of the tenancy and the relevant ground(s) for eviction. 28 days’ notice is required in respect of tenancies with a duration of 6 months or less at the date of the notice being served or where one of the following eviction grounds apply:
- Tenant has been in rent arrears for over three consecutive months;
- Tenant has failed to comply with a term of the agreement (excluding rent arrears);
- Tenant has engaged in antisocial behaviour;
- Tenant has a relevant criminal conviction (such as, using the property for criminal purposes, letting a third party use the property for criminal purposes, and/or committing a crime within the property or the surrounding area) ;
- Tenant is no longer occupying the property; and/or
- Tenant has associated in the let property with someone who has a relevant criminal conviction or who has engaged in antisocial behaviour.
84 days’ notice is required in respect of tenancies with a duration of 6 months or longer at the date of the notice being served and at least one of the remaining 12 grounds for eviction applies:
- Landlord intends to sell;
- Property to be sold by lender;
- Landlord intends to refurbish;
- Landlord intends to live in the property;
- Family member intends to live in the property;
- Landlord intends to use for non-residential purpose;
- Property required for religious purpose;
- Tenant is not an employee; and/or
- Tenant is in need of supported accommodation.
Tenants have a right of appeal to the First Tier Tribunal for Scotland (Housing and Property Chamber) if they consider that their eviction notice is unjust. For example, the eviction ground was not valid or the correct notice period was not given.
If you are unsure what your rights are as a tenant or landlord of a private residential tenancy or you would like more information, please contact a member of the Real Estate team who would be happy to assist.
Disclaimer
The matter in this publication is based on our current understanding of the law. The information provides only an overview of the law in force at the date hereof and has been produced for general information purposes only. Professional advice should always be sought before taking any action in reliance of the information. Accordingly, Davidson Chalmers Stewart LLP does not take any responsibility for losses incurred by any person through acting or failing to act on the basis of anything contained in this publication.
