Landlord & Tenent

Eviction Notices in Scotland

If a landlord needs to evict a tenant, the correct eviction notice procedure must be followed. If you are a tenant facing the stress and uncertainty that a threat of eviction brings with it, you may be able to challenge the eviction if your landlord does not follow legal protocol and give the correct notice.

Our expert landlord and tenant solicitors can help you by:

• Checking the type of tenancy agreement and its terms to see which procedures apply
• Advising on the grounds for eviction  
• Advising on the correct protocol to follow and notice
• Pre-action protocol advice if the eviction is due to rent arrears
• If a tenancy dispute led to the eviction notice, checking to see if the eviction can be avoided by our helping you reach a resolution

The Grounds for Eviction in Scotland

Under Scottish law, for tenancies granted after 1^st December 2017, there are 18 potential grounds or reasons for possession. It’s important to take legal advice on the grounds and how they apply to the tenanted property and to check the relevant notice period.

The eviction grounds are grouped into categories. Grounds 1 to 7 apply if the property is needed for another purpose. Grounds 8 to 15 relate to the status or conduct of the tenant. Grounds 16 to 18 are based on a legal reason why the tenancy needs to end.

The 18 grounds are:

It is important to seek expert advice on these grounds. For example, if a landlord intends to place a property on the market, they should intend to do so within 3 months of the tenant leaving. If a landlord wants the property for a family member to live in there is a prescribed list of qualifying family members.

Get in touch with us and we’ll provide you with the professional advice and support you need to understand the eviction grounds and your options.

Eviction for Rent Arrears

To secure an eviction on the ground of rent arrears, a tenant must have owed rent payments for 3 consecutive months. The Tribunal can exercise discretion and refuse to grant eviction if a landlord has not complied with the pre-action protocol for rent arrear proceedings, if steps have been taken to repay the arrears or if there are valid reasons for delayed payment, such as awaiting benefits.

Eviction Notices

The law prescribes different eviction notice periods. An eviction can be challenged if the right notice is not given. For tenancies granted after 1^st December 2017, in general, if a tenant has lived at the property for less than 6 months, they get 4 weeks’ notice. If a tenant has rented the property for 6 months or longer, they are typically entitled to 12 weeks’ notice.

If a tenant does not leave at the end of the correct notice period, a landlord can apply to the First-tier Tribunal for an eviction order. A tenant may be able to challenge the eviction if the landlord did not serve the correct notice, if the reasons for the eviction are disputed or if the tenant thinks the Tribunal should exercise discretion in their favour.

Wrongful Termination Orders

If a tenant believes they have been misled into leaving a rented property, they can apply to the First-tier Tribunal for a wrongful termination order (WTO). A tenant who obtains a WTO may be entitled to a payment. A WTO may also affect a landlord’s continued registration.

The Eviction Ban

The Cost of Living (Tenant Protection) (Scotland) Act 2022 temporarily imposes an eviction ban. The effect of the ban depends on the type of tenancy and the grounds for eviction. The ban is expected to last until 31 March 2024, but this date could change.

The eviction ban does not prevent all evictions:

• A landlord can still issue an eviction notice to a tenant on any relevant ground and obtain an order from the Sheriff Court or First-tier Tribunal during the ban. If the ban applies to the eviction, the temporary rules mean the order cannot be enforced until 6 months after the order was granted, or until the legislation expires, whichever date is sooner
• There are some existing grounds for eviction that are not subject to the ban, and some new temporary grounds, so these evictions can still take place and be enforced

The temporary eviction enforcement ban does not apply to:

• Non-tenant occupiers

• Where a client lives with their landlord
• Landlord intends to sell due to significant financial strain (a new temporary ground)
• Property to be sold by lender
• Landlord intends to live in the property to avoid their own homelessness (a new temporary ground)
• Tenant is no longer an employee
• Tenant not occupying the property
• Rent arrears amount to 6 months or more worth of rent (a new temporary ground)
• Criminal activity
• Anti-social activity
• Association with a person who has a relevant conviction or engaged in relevant anti-social behaviour 

Whether you are applying for an eviction order or opposing an eviction application we can provide you with the specialist legal advice you need to navigate the complicated eviction process.

Make a Free Enquiry Today with our Landlord and Tenant Solicitors

Kee Solicitors are specialist landlord and tenant lawyers and are here to help you.

Please either call us on 0141 478 9090 for our Glasgow office, 01224 002 556 for our Aberdeen office or click here to make a free online enquiry for immediate assistance.