How to End a Private Residential Tenancy in Scotland as a Landlord

A Private Residential Tenancy in Scotland is open-ended — it has no fixed term and no expiry date. The only way a landlord can end it is by following the statutory process set out in the Private Housing (Tenancies) (Scotland) Act 2016. There is no Scottish equivalent of the English Section 21 "no-fault" eviction. Every termination by the landlord requires a lawful reason, a prescribed notice, and, if the tenant does not leave, an application to the First-tier Tribunal.

Here is the process from start to finish.

Step 1: Identify Your Eviction Ground

Schedule 3 of the 2016 Act sets out 18 grounds for eviction. You must rely on at least one. The most commonly used are:

• Ground 1 — you intend to sell the property at market value within three months
• Ground 3 — you intend to carry out refurbishment works that prevent the tenant from staying
• Ground 4 — you intend to move into the property as your principal home for at least three months
• Ground 5 — a qualifying family member intends to move in
• Ground 12 — the tenant is in rent arrears for three or more consecutive months

Each ground has specific factual requirements. Ground 1 needs proof of a genuine intention to sell — an estate agent mandate, a Home Report, or a solicitor engagement letter. Ground 4 needs an affidavit explaining why you need the property. Ground 12 needs a complete rent ledger and proof that you completed the mandatory Pre-Action Requirements before serving notice.

Step 2: Check Notice Periods

The notice period depends on the ground and how long the tenant has lived in the property.

28 days: if the tenant has been entitled to occupy the property for six months or less, or if the notice relies exclusively on one or more of Grounds 10–15.

84 days: if the tenant has been entitled to occupy the property for more than six months and the notice includes any ground outside Grounds 10–15 (including Grounds 16–18).

Step 3: Serve the Notice to Leave

Use the mygov.scot "Create a Notice to Leave" tool to generate the prescribed form. Third-party templates risk being invalid — the Upper Tribunal held in McAnally v Boyle [2025] UT 53 that the prescribed form is mandatory.

Service options:

• Recorded delivery post — the most common and best-evidenced method
• Personal hand delivery — directly to the tenant, with a signed receipt or witness
• Email — only if the PRT agreement contains an express clause authorising electronic service

For postal or email service, add a 48-hour deemed-delivery allowance to the notice period. The expiry date in Part 4 of the notice must be the day after the last clear day.

Step 4: Wait Out the Notice Period

Once served, the notice period runs. The tenant has no obligation to leave until the date specified in the notice, and even then, a notice to leave does not end the tenancy by itself — only a Tribunal order does.

During this period, the tenancy continues. The tenant must keep paying rent, and the landlord must meet all ongoing obligations (repairs, safety, deposit protection).

Step 5: If the Tenant Does Not Leave

If the tenant has not vacated by the expiry date, your next step is to apply to the First-tier Tribunal (Housing and Property Chamber):

1. Complete and submit Form E under Rule 109 — free to file
2. Serve a Section 11 notice on the local authority at the same time, alerting them to possible homelessness
3. Attach all evidence: tenancy agreement, notice to leave, proof of service, ground-specific documents, and PAR records if using Ground 12

The Tribunal schedules a Case Management Discussion. If uncontested, an eviction order can be made at the CMD. If contested, a full hearing follows. Current average processing time: eight to twelve months.

Step 6: Enforcement

After the Tribunal grants an eviction order and the 30-day appeal window expires, you instruct authorised Sheriff Officers. They serve a Form of charge of removing, which gives 14 days to leave. If the tenant remains, officers serve Form 4: Notice of the date of removal, giving at least 48 hours' notice before the eviction. Self-help eviction (changing locks, removing belongings, cutting utilities) is a criminal offence.

The Complete Timeline

In a straightforward case: 84 days of notice + the Tribunal queue + 30 days for appeal + Sheriff Officer scheduling. In a contested case, that adds up to twelve months or more from the day you serve notice.

Our Notice to Leave in Scotland guide walks through every step with the day-counting worksheets, evidence checklists for each ground, the service audit log, and the tribunal-application roadmap.

See more Scotland guides →