Scotland Eviction Process: Grounds, Notices, and Tribunal Procedures
Understand Scotland's 18 grounds for eviction under the PRT, notice periods of 28 or 84 days, and the First-tier Tribunal process.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.
Evicting a tenant in Scotland under a Private Residential Tenancy (PRT) is a formal, multi-step legal process. There is no "no-fault" eviction equivalent. Every eviction must be grounded in one or more of the 18 statutory grounds and decided by the First-tier Tribunal for Scotland.
Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a qualified Scottish solicitor for advice specific to your situation. Information last verified: March 2026.
No Self-Help Evictions
Illegal eviction is a criminal offence in Scotland. A landlord cannot:
- Change the locks while the tenant is away.
- Remove the tenant's belongings.
- Disconnect utilities (gas, electricity, water).
- Intimidate or harass the tenant into leaving.
Under the Housing (Scotland) Act 2025, penalties for unlawful eviction have been substantially increased to up to 36 times the monthly rent.
Step 1: The Notice to Leave
Before applying to the Tribunal, the landlord must serve the tenant with a Notice to Leave. This formal document must state:
- The specific ground(s) for eviction being relied upon.
- The date by which the tenant must leave.
- The landlord's reasons for seeking eviction.
Notice Periods
The required notice period depends on the length of the tenancy and the ground used:
| Tenancy Duration | Notice Period |
|---|---|
| Less than 6 months | 28 days |
| 6 months or more | 84 days |
Exception: For Ground 12 (antisocial behaviour) or Ground 13 (tenant has a relevant criminal conviction), the notice period can be as short as 28 days regardless of tenancy length.
Step 2: The 18 Grounds for Eviction
The grounds are split into mandatory (the Tribunal must grant the order if satisfied the ground is proven) and discretionary (the Tribunal decides if eviction is reasonable).
Key Mandatory Grounds
| Ground | Description |
|---|---|
| 1. Landlord intends to sell | Must genuinely intend to sell within 3 months |
| 2. Lender intends to sell | Mortgage lender wishes to exercise a power of sale |
| 3. Landlord intends to refurbish | Refurbishment cannot be carried out with tenant in occupation |
| 4. Landlord intends to live in property | Landlord (or family member) intends to use as their home |
| 5. Family member intends to live in property | Close family member needs to reside there |
| 12A. Rent arrears (mandatory element) | Tenant owes at least one month's rent at the date of the Tribunal hearing |
Key Discretionary Grounds
| Ground | Description |
|---|---|
| 11. Breach of tenancy agreement | Tenant has failed to comply with a condition of the PRT |
| 12. Rent arrears (discretionary element) | Tenant has been in arrears for 3+ consecutive months, but owes less than 1 month at hearing |
| 13. Criminal behaviour / antisocial behaviour | Tenant's conduct justifies eviction |
| 15. Tenant no longer occupying the property | Property is not the tenant's only or principal home |
Step 3: First-tier Tribunal Application
If the tenant does not leave by the date specified in the Notice to Leave, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
The Tribunal will:
- Schedule a Case Management Discussion (CMD) or a hearing.
- Hear evidence from both parties.
- For mandatory grounds, issue the order if satisfied.
- For discretionary grounds, assess the reasonableness of the eviction, including the impact on the tenant and any children.
Under the Housing (Scotland) Act 2025, the Tribunal is now mandated to consider whether the eviction would cause homelessness or significant hardship before granting an order.
Step 4: Enforcement
If the Tribunal grants an eviction order and the tenant still refuses to leave, the landlord must engage Sheriff Officers to enforce the order. Sheriff Officers will serve a Charge for Removing, giving the tenant 14 days to vacate, followed by at least 48 hours' notice before physical removal.
How Landager Helps
Landager tracks the exact tenancy start date to automatically calculate the correct notice period (28 or 84 days). Its document generation tools create properly formatted Notices to Leave, helping landlords build legally defensible Tribunal applications with attached rent ledgers and breach evidence.
Sources & Official References
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