Landlord documents for Scotland

Most landlord resources are written for England and treat Scotland as a footnote, which is how Scottish landlords end up serving an English AST or a Section 21 notice that has never had any legal meaning north of the border.

Scotland abolished the no-fault notice in 2017, eight and a half years before England. Private residential tenancies have no end date and no fixed term, so there has never been an "end of the term" to rely on. Since the Coronavirus (Recovery and Reform) (Scotland) Act 2022 every ground for eviction is discretionary, meaning the tribunal decides in each case whether eviction is reasonable — there are no mandatory grounds at all.

The practical effect is that a Scottish possession case is argued rather than proved. Evidence of the ground is necessary but not sufficient, and paperwork that shows a landlord acting reasonably throughout carries real weight.

You must be registered with the council for the area the property sits in before you let it. Letting while unregistered is an offence carrying a fine of up to £50,000 and can attract a rent penalty notice.

The tenancy agreement must be in writing and must contain the nine statutory terms. It goes to the tenant alongside the Scottish Government's Easy Read Notes, which explain the terms in plain language.

The deposit goes into one of the three approved Scottish schemes within 30 working days of the tenancy start — a different clock from England's 30 calendar days from receipt of the money.

On safety: an EPC, a Gas Safety Certificate where there is a gas supply, an EICR renewed every five years, and a Legionella risk assessment reviewed every two years. Alarms must be interlinked — smoke alarms in the living room and every circulation space per storey, a heat alarm in the kitchen, and a carbon monoxide alarm anywhere there is a carbon-fuelled appliance. Landlords may fit these themselves, so a dated self-declaration is the evidence rather than an installer's certificate.

Serve a Notice to Leave stating the ground and the date. The notice period is 28 days where the tenant has lived in the property six months or less, or where the ground relates to their conduct, and 84 days otherwise.

Ground 12 covers rent arrears and needs three or more consecutive months of them. Arrears caused wholly or partly by a delay or failure in a benefit payment weigh against eviction being reasonable, so the tribunal will want to see what you did about it.

If the tenant does not leave when the notice expires, you apply to the Housing and Property Chamber. You cannot remove a tenant without a tribunal order, and doing so is a criminal offence.