A Landlord's Guide to Scottish PRT Eviction Grounds — When and How You Can Recover Your Property
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The short answer
To end a private residential tenancy in Scotland you serve a Notice to Leave citing one of the 18 grounds in Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016. The notice period is 28 days if the tenant has lived there six months or less, or if the ground is tenant conduct, and 84 days otherwise. If the tenant does not leave, you apply to the Housing and Property Chamber.
At a glance
| Law | Private Housing (Tenancies) (Scotland) Act 2016, Schedule 3 |
|---|---|
| Notice | Notice to Leave — no Section 21 equivalent has ever existed |
| Grounds | 18, all discretionary since the Coronavirus (Recovery and Reform) (Scotland) Act 2022 |
| Notice period | 28 days if occupancy is six months or less, or the ground is conduct-based |
| Otherwise | 84 days |
| Ground 12 | Rent arrears — three or more consecutive months |
| Decision maker | First-tier Tribunal for Scotland (Housing and Property Chamber) |
| Tenancy type | Open-ended since December 2017 — no fixed terms |
If you let residential property in Scotland, your tenants hold a Private Residential Tenancy. There's no fixed term and no equivalent of the English Section 21. To recover your property, you must use one of the 18 eviction grounds set out in Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016.
You serve a notice to leave on the tenant specifying which grounds you're relying on, wait for the notice period to expire, and if the tenant doesn't leave, you apply to the First-tier Tribunal for Scotland for an eviction order.
Getting the ground wrong, the notice period wrong, or the evidence wrong means the tribunal refuses your application and you start again. This guide covers every ground available to you.
How the process works
Serve a notice to leave. This must specify the eviction ground or grounds you're relying on and give the correct notice period — and it must be on the prescribed form, which is the one set out in schedule 5 of the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017. The form itself is mandatory, not just its contents. In McAnally v Boyle [2025] UT 53 the Upper Tribunal confirmed that section 73 of the 2016 Act, which forgives immaterial errors, only saves mistakes made inside the prescribed form. A notice that was never in the prescribed style cannot be rescued, and without a valid notice to leave the Tribunal cannot hear your eviction application at all.
Wait for the notice period to expire. The notice period is either 28 days or 84 days (twelve weeks), depending on the ground and how long the tenant has lived there. The rules are set out below.
Apply to the First-tier Tribunal. If the tenant hasn't left after the notice period, you apply to the Tribunal for an eviction order. The Tribunal hears both sides and decides whether the ground is made out.
Every ground is discretionary. Since 1 October 2022 (Coronavirus (Recovery and Reform) (Scotland) Act 2022), there are no mandatory grounds in a Private Residential Tenancy. Even when you prove the ground, the Tribunal must also be satisfied that it is reasonable to grant an eviction order in all the circumstances. It will weigh things like the tenant's household, the risk of homelessness, what you have done to resolve the problem, and your own circumstances. In Langah Ltd v Riaz & Ahmed [2026] UT 73 the Upper Tribunal upheld a refusal to evict despite more than £8,500 of arrears, because the tenant was paying the rent and something towards the arrears and the family faced homelessness.
The 18 eviction grounds
These are the grounds in Schedule 3 of the 2016 Act as they stand now. Grounds 4A and 12A were temporary and are no longer available.
| Ground | Reason | Notice period* | Key points |
|---|---|---|---|
| 1 — Landlord intends to sell | You intend to sell the property, or put it up for sale, within 3 months of the tenant leaving | 84 days | Evidence of genuine intention, such as a solicitor's or estate agent's letter. |
| 2 — Property to be sold by lender | The lender is entitled to sell under the standard security | 84 days | The lender must have a right to sell. |
| 3 — Landlord intends to refurbish | Significant works that make it impractical for the tenant to stay | 84 days | Plans, quotes or planning permission strengthen the case. |
| 4 — Landlord intends to live in property | You intend to live there as your only or principal home for at least 3 months | 84 days | Must be a genuine intention. |
| 5 — Family member intends to live in property | A family member intends to live there as their only or principal home for at least 3 months | 84 days | "Family member" is defined in the Act. |
| 6 — Non-residential use | You intend to use the property for something other than a home | 84 days | Must be a genuine intention. |
| 7 — Religious purpose | The property is held for a religious purpose and is needed for that | 84 days | Narrow; check the Act's conditions. |
| 8 — Not an employee | The tenancy was linked to the tenant's job, which has ended | 84 days | Show the link between the job and the tenancy. |
| 9 — No longer in need of supported accommodation | The tenant was let the property for supported accommodation and no longer needs it | 84 days | Needs an assessment that the support is no longer required. |
| 10 — Not occupying the property | The property is no longer the tenant's home | 28 days | Evidence the tenant has left: utility use, mail, neighbours. |
| 11 — Breach of tenancy agreement | The tenant has failed to comply with a term of the tenancy | 28 days | Name the term and the breach. Trivial breaches rarely succeed. |
| 12 — Rent arrears | The tenant has been in arrears of rent for three or more consecutive months | 28 days | The Tribunal must consider whether the arrears are down to a delay or failure in benefit payments, and whether you followed the pre-action requirements. |
| 13 — Criminal behaviour | The tenant has a relevant conviction, for example using the property for illegal purposes | 28 days | Evidence of the conviction. |
| 14 — Anti-social behaviour | The tenant has behaved in an anti-social way in relation to another person | 28 days | Police reports, complaints, council records. |
| 15 — Association with a person with a conviction or who behaves anti-socially | The tenant associates in the property with such a person | 28 days | Evidence of the association and the conduct. |
| 16 — Landlord has ceased to be registered | You are no longer on the Scottish Landlord Register | 84 days | Usually follows the council refusing or removing registration. |
| 17 — HMO licence revoked | The HMO licence has been revoked | 84 days | Evidence of the revocation. |
| 18 — Overcrowding statutory notice | The council has served an overcrowding statutory notice | 84 days | The notice must be in force. |
*See the notice period rules below. Any ground gets 28 days if the tenant has lived there for six months or less.
Notice periods explained
Section 54 of the 2016 Act sets two notice periods.
28 days applies if, when the tenant receives the notice, either:
- they have been entitled to live in the property for six months or less, whatever the ground; or
- the only grounds you rely on are conduct grounds: not occupying (10), breach (11), rent arrears (12), criminal behaviour (13), anti-social behaviour (14) or association (15).
84 days applies in every other case, which means any tenancy over six months where at least one ground is not a conduct ground.
If you combine a conduct ground with, say, ground 1 on a tenancy over six months old, you must give 84 days.
Practical considerations
Use more than one ground where it fits. If your tenant is in arrears and has also breached other terms, cite both grounds 11 and 12. Because every ground is discretionary, a second ground gives the Tribunal more to weigh.
Keep records from day one. For conduct grounds the Tribunal wants a paper trail: rent statements, written warnings, complaints and photographs, gathered over time.
The pre-action requirements. For rent arrears, the Tribunal must consider whether you met the pre-action requirements before applying. In practice: write to the tenant about the arrears, give clear information about the tenancy and the amount owed, signpost money and housing advice, and make reasonable efforts to agree a payment plan. Applying without trying will count against you.
Unlawful eviction. Do not change the locks, remove the tenant's belongings or cut off utilities to force a tenant out. This is a criminal offence in Scotland. The only lawful route is through the Tribunal.
Wrongful termination orders. If a tenant leaves because of a notice to leave, or an eviction order, that you obtained by misleading them or the Tribunal (for example, you said you would sell and then re-let), the Tribunal can make a wrongful termination order. For tenancies ending on or after 6 October 2026, the award is between 3 and 36 times the monthly rent or £840, whichever is higher. See the October 2026 changes.
New forms from 1 April 2027. A notice to leave given on or after 1 April 2027 must use the new prescribed form in schedule 4 of SSI 2026/279. Notices given before then keep the 2017 form. See Scotland's new prescribed forms.
After the tribunal grants an order
If the tribunal grants an eviction order, the tenant must leave by the date specified. If they don't, you apply to the tribunal for enforcement, and ultimately sheriff officers can carry out the eviction.
Do not attempt to enforce the order yourself. Even with a tribunal order in hand, physically removing a tenant or their belongings without going through the proper enforcement process is unlawful.
Key differences from England
If you manage properties in both Scotland and England, keep these differences clear in your head.
Scottish PRT has no fixed terms and never has — this isn't a recent change like the RRA in England. The 18 eviction grounds have been in place since December 2017. There is no Section 8 or Section 21 equivalent by name. The tribunal is the First-tier Tribunal for Scotland, not the county court. Deposit protection requirements exist but under Scottish schemes (SafeDeposits Scotland, mydeposits Scotland, Letting Protection Service Scotland). The rent increase process uses a different mechanism (three months' notice, referral to a Rent Officer, not Section 13).
Don't use English forms or processes for Scottish tenancies. They are entirely separate legal frameworks.
Common questions
How much notice does a Notice to Leave need?
Are any Scottish eviction grounds mandatory?
What is the arrears ground in Scotland?
Can I evict at the end of a fixed term in Scotland?
Templates for this
Related guides
Sources
Every statute, form and scheme named above, linked to the primary source.
- Private Housing (Tenancies) (Scotland) Act 2016 — legislation.gov.uk
- Starting a private residential tenancy in Scotland — mygov.scot
- First-tier Tribunal (Property Chamber), England — GOV.UK
- Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 — legislation.gov.uk
- Assured tenancy forms, including Form 3A and Form 4A — GOV.UK
- Tenancy deposit protection: the approved schemes and their dispute process — GOV.UK
- Housing and Property Chamber, First-tier Tribunal for Scotland — housingandpropertychamber.scot