Grounds for eviction in Scotland

This information only applies in Scotland.

With the introduction of private residential tenancies on 1 December 2017, the process for evicting tenants has changed for all tenancies started after this date. Landlords must give tenants a written notice to leave, which will tell them the ground being used to evict them.

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The property is required for another purpose

The following grounds apply when the landlord is changing the use of the building:

Ground 1: You intend to sell the property

This is a mandatory ground. You must show you’re entitled to sell the property and that you plan to put it on the market within three months of the tenant moving out.

Ground 2: The property is being sold by a lender

This is a mandatory ground. If you’ve defaulted on a loan, the lender can sell your property to pay off the debt.

Ground 3: You’re refurbishing the house

Another mandatory ground. The eviction will be granted if the tenant can’t live there while the work is done.

Ground 4: You intend to move into the property

A mandatory ground. Your intention must be that you plan to live there for at least three months.

Ground 5: A family member intends to move in

This is a discretionary ground. They must plan to live there for at least three months.

Ground 6: You intend to use the property for non-residential purposes

A mandatory ground. You may need to show planning permission as proof.

Ground 7: You require the property for religious purposes

Another mandatory ground. This includes people of any religious denomination and can include carrying out any work connected to religious practices.

Tenant’s status grounds

These grounds apply when the tenant’s status changes:

Ground 8: The tenant is no longer an employee

A mandatory ground. This is when your tenant lived there because they were your employee, but this has changed.

Ground 9: The tenant is no longer in need of community care

A discretionary ground. Your tenant was given the tenancy because they needed community care but have been assessed as no longer needing this.

Tenant’s conduct grounds

If the eviction is based on one of these grounds the required notice period is only 28 days:

Ground 10: The tenant is no longer occupying the property

Mandatory ground. You can rely on this ground if your tenant has abandoned the property.

Ground 11: The tenant has breached the tenancy agreement

A discretionary ground. This could be down to your tenant’s behaviour but does not cover failure to pay their rent.

Ground 12: The tenant owes rent

This is a mandatory ground if rent has not been paid for three consecutive months and if at least one month’s rent is owed on the day of the hearing. If less than one month’s rent is owed it is a discretionary ground.

Ground 13: The tenant has been convicted of a criminal offence

A mandatory ground if the offence took place in the property. If it took place in the locality of the property and is an offence punishable by imprisonment, this is also a mandatory ground.

Ground 14: The tenant has acted in an anti-social manner

A discretionary ground. The behaviour must cause alarm, distress, nuisance or annoyance to others.

Ground 15: The tenant has associated with someone who has committed a criminal offence or anti-social behaviour

Discretionary ground. The tribunal will consider the type of offence or behaviour the person has been engaged in. The more serious, the more likely they will be to evict your tenant.

Legal reasons for ending the tenancy

Ground 16: You are no longer registered as a landlord

A discretionary ground. This is when your landlord’s licence has been removed or refused.

Ground 17: The HMO licence has been revoked

A discretionary ground. This ground applies when there has never been an HMO licence granted or when it has been revoked.

Ground 18: You’ve received an overcrowding statutory notice

A discretionary ground. This applies when you’ve been served with an overcrowding statutory notice.

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