Notice to leave in Scotland: PRT eviction grounds
Last updated 25 Oct 2026
In Scotland, a private landlord who wants a tenant out of a private residential tenancy (PRT) must serve a notice to leave on one of the grounds in the 2016 Act and then apply to the First-tier Tribunal. This page covers Scotland only; England, Wales and Northern Ireland have separate rules.
What counts as a private residential tenancy
Under section 1 of the Private Housing (Tenancies) (Scotland) Act 2016, a tenancy is a PRT when all three apply:
- the property is let to an individual as a separate dwelling;
- the tenant occupies it, or part of it, as their only or principal home;
- the tenancy is not one that schedule 1 says cannot be a PRT.
Notice periods
The notice period in section 54 of the 2016 Act starts on the day the tenant receives the notice to leave. The landlord cannot apply to the Tribunal for an eviction order until it ends.
- 28 days applies if the tenant has been entitled to occupy for no more than six months, or if the notice relies only on specified grounds: not occupying as a home, breach of the tenancy, three or more consecutive months of rent arrears, a relevant conviction, relevant anti-social behaviour, or association with someone who has either.
- 84 days applies in all other cases.
Section 54(3)(b) was modified temporarily from 28 October 2022 by the Cost of Living (Tenant Protection) (Scotland) Act 2022, and later regulations changed it again. Read the notes on the section before relying on the 28-day route.
What a notice to leave must contain
Section 62 says the notice must be in writing, give the day the landlord expects to be able to apply to the Tribunal, state the eviction ground or grounds, and meet any other requirements set by Scottish Ministers in regulations. For the calculation, the tenant is taken to receive the notice 48 hours after it is sent.
The eviction grounds
Schedule 3 to the 2016 Act lists the grounds in four groups:
| Group | Grounds |
|---|---|
| Landlord's property required for another purpose | 1 sell; 2 lender to sell; 3 refurbish; 4 landlord to live in it; 5 family member to live in it; 6 non-residential use; 7 religious purposes |
| Tenant's status | 8 not an employee; 9 no longer needs supported accommodation |
| Tenant's conduct | 10 not occupying; 11 breach of tenancy agreement; 12 rent arrears; 13 criminal behaviour; 14 anti-social behaviour; 15 association with a person with a relevant conviction or anti-social behaviour |
| Legal impediment to letting | 16 landlord no longer registered; 17 HMO licence revoked; 18 overcrowding notice |
Grounds 1A, 4A and 12A were temporary and are shown on legislation.gov.uk as lasting until 31 March 2024. For the operative grounds, the Tribunal "may find" the ground applies, so it is not automatic and often turns on reasonableness. Read the full wording of the ground you rely on.
Changes from the Housing (Scotland) Act 2025
The Scottish Government's private renting policy page says the Act received Royal Assent in November 2025. Dates it lists:
| Date | Change |
|---|---|
| 1 May 2026 | Offence to discriminate against tenants with children or who receive benefits |
| 6 October 2026 | Succession rights reduced from 12 to 6 months; wrongful termination payments increase; new duties on damp and mould |
| 1 April 2027 | Rent adjudication changes; new process for ending a joint tenancy |
| November 2027 | Deadline for the review of eviction grounds |
The damp and mould timescales that apply from 6 October 2026 are explained in damp and mould: what landlords must do.
Under the ending a tenancy page, from 6 October 2026 compensation for wrongful termination is 3 to 36 times the monthly rent, with a minimum of £840 where rent is low.
What Letbook covers in Scotland
Letbook has a Scotland checklist, chosen from the property's postcode or by you. It tracks landlord registration, gas safety, electrical inspection, EPC, alarms, deposit lodging and the PRT agreement with its notes. It does not draft or serve notices to leave.
If you rent out a Scottish property, Letbook is a compliance tracker for landlords that adds these items for you and emails you before dates lapse. Sign up free.
Related guides: rent arrears by nation, selling a rented home with tenants in, moving back into your rented home, rent increases by nation, EPC rules and smoke and carbon monoxide alarms.
Sources
- Private Housing (Tenancies) (Scotland) Act 2016, section 1
- Section 54, notice to leave periods
- Section 62, what a notice to leave must contain
- Schedule 3, eviction grounds
- Private renting, Scottish Government
- Ending a tenancy, Scottish Government
This page is general information, not legal advice.