A Landlord's Guide to Scottish PRT Eviction Grounds — When and How You Can Recover Your Property

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 be in writing, must specify the eviction ground or grounds you're relying on, and must give the correct notice period. There is no prescribed form — but the notice must contain all the required information under the Act.

Wait for the notice period to expire. Different grounds have different notice periods. Some are 28 days, others are 84 days (twelve weeks). If you cite multiple grounds, give the longest applicable period.

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.

Mandatory vs discretionary. Some grounds are mandatory — if the tribunal is satisfied the ground is established, they must grant the eviction order. Others are discretionary — the tribunal must also be satisfied that it is reasonable to evict in the circumstances.

The mandatory grounds

If you prove one of these grounds, the tribunal has no choice but to grant the eviction order.

Ground	Reason	Notice Period	Key Requirements
1 — Landlord intends to sell	You intend to sell within 3 months of recovering possession	84 days	Must genuinely intend to sell. Tribunal can consider evidence of marketing or estate agent instructions.
2 — Property to be sold by lender	The lender is entitled to sell under the mortgage terms	84 days	The lender must have a right to sell under the standard security.
3 — Landlord intends to refurbish	Significant refurbishment or demolition that the tenant cannot remain during	84 days	Must show the work cannot be done with the tenant in situ. Planning permission or contractor quotes strengthen the case.
4 — Landlord intends to live in property	You intend to live there as your only or principal home	84 days	Must be genuine intention. Applies to the landlord personally, not a family member.
5 — Family member intends to live in property	A family member intends to live there as their only or principal home	84 days	"Family member" is defined in the Act. Must be genuine intention.
6 — Property for religious worker	The property is needed for a religious worker	84 days	Must have been let with this condition notified to the tenant.
7 — Tenant no longer occupying	The property is no longer the tenant's only or principal home	28 days	Evidence the tenant has moved out — utility usage, neighbour statements, mail redirection.
8 — Tenant has breached tenancy agreement	The tenant has failed to comply with a tenancy term	28 days	Must show the specific breach. The breach must not be trivial.
9 — Tenant is in rent arrears	Three or more consecutive months of arrears	28 days	Must owe at least one month's rent at both notice date and tribunal hearing date.
10 — Tenant has a relevant conviction	Convicted of an offence at or near the property, or illegal/immoral use	28 days	A certified copy of the conviction is required.
11 — Tenant's antisocial behaviour	Antisocial behaviour by the tenant or household member in or near the property	28 days	Evidence: police reports, neighbour complaints, local authority ASB records.

The discretionary grounds

For these, the tribunal must be satisfied both that the ground is established and that it is reasonable to grant the eviction order in all the circumstances.

Ground	Reason	Notice Period	Key Requirements
12 — Tenant not occupying (let as employee)	Tenancy was connected to employment that has ended	84 days	Must show the connection between the tenancy and the employment.
13 — Special needs housing (social landlord)	Property adapted for special needs; current tenant no longer has those needs	84 days	Only available to registered social landlords.
14 — Overcrowding statutory notice	Local authority has served an overcrowding notice	28 days	The local authority notice must be in force.
15 — Landlord registration revoked	Your landlord registration has been revoked	28 days	Evidence of the revocation.
16 — HMO licence revoked	Your HMO licence has been revoked	28 days	Evidence of the revocation.
17 — Prohibition or demolition order	Property subject to a relevant order under the Housing (Scotland) Act 2006	28 days	Evidence of the order.
18 — Tenant has abandoned the property	The tenant appears to have abandoned the property	28 days	Evidence: property left empty, no contact, mail accumulating, neighbours confirming absence.

Notice periods explained

There are two standard notice periods under the Act.

84 days (twelve weeks) applies to the grounds where the landlord's circumstances are changing — selling, refurbishing, moving in, or a family member moving in. The longer period gives the tenant more time to find alternative accommodation because the eviction isn't the tenant's fault.

28 days applies to grounds based on the tenant's conduct or circumstances — arrears, breach, antisocial behaviour, abandonment, non-occupation. The shorter period reflects that the tenant has some responsibility for the situation.

There's one exception to be aware of. If the tenancy has lasted more than six months and you're using a 28-day ground, the notice period remains 28 days. But if you're using an 84-day ground and the tenancy has lasted less than six months, the notice period is still 84 days — it doesn't reduce for shorter tenancies.

Practical considerations

Use multiple grounds where applicable. If your tenant is in arrears and has also breached other tenancy terms, cite both grounds 8 and 9 in your notice to leave. If one ground fails at the tribunal, the other may succeed. Give the longest notice period that applies to any of the grounds cited.

Keep records from day one. For conduct-based grounds (arrears, breach, antisocial behaviour), the tribunal wants to see a paper trail. Rent statements showing the arrears history. Written warnings about breaches. Copies of complaints from neighbours. Evidence gathered consistently over time is far more persuasive than a single incident report.

The pre-action protocol. For rent arrears cases, the tribunal expects landlords to have engaged with the tenant before seeking eviction. This means writing to the tenant about the arrears, offering to discuss repayment plans, signposting them to advice services, and giving reasonable time to address the situation. Jumping straight to a notice to leave without attempting engagement will count against you at the tribunal.

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 to eviction is through the tribunal.

Anti-abuse restrictions on grounds 1 to 5. For grounds 1 to 5 (sale, lender selling, refurbishment, landlord move-in, family member move-in), there are anti-abuse restrictions: if you recover possession on one of these grounds and then re-let the property without the stated reason genuinely applying, you may face penalties. The exact mechanics differ from England's Grounds 1/1A under the RRA — Scotland doesn't impose a blanket 12-month re-letting ban as such, but the tribunal can take into account whether the landlord acted in good faith.

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.