Grounds for Eviction Scotland: All 18 Grounds Explained

Scottish landlords can only end a private residential tenancy by proving one or more of the 18 statutory grounds in Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016. There's no open-ended "no-fault" route — every ground requires a specific factual basis and documentary evidence.

Since the Coronavirus (Recovery and Reform) (Scotland) Act 2022 made all grounds permanently discretionary, the First-tier Tribunal always decides whether eviction is reasonable, even when you prove the facts. Here's what each ground requires.

Estate Grounds (1–9): 84 Days' Notice

These cover situations where the landlord or a connected party needs the property. If the tenant has lived there for more than six months, you must give 84 days' notice; six months or under, 28 days.

Ground 1 — Landlord Intends to Sell. You intend to sell the property at market value within three months of the tenant leaving. Bring a solicitor's engagement letter, an estate agent's marketing agreement, or a Home Report.

Ground 2 — Lender Intends to Sell. A mortgage lender holds a standard security and is entitled to sell because of your default. The lender provides the calling-up notice or court warrant.

Ground 3 — Refurbishment. You plan significantly disruptive works that make it impracticable for the tenant to continue occupying the property. Planning permission, building warrants, or contractor quotes serve as evidence.

Ground 4 — Landlord Intends to Live in Property. You intend to occupy it as your principal home for at least three months. A sworn affidavit setting out your circumstances is standard practice.

Ground 5 — Family Intends to Live in Property. A qualifying family member (spouse, civil partner, parent, child, or sibling) intends to occupy. Provide kinship proof and a sworn statement from the family member.

Ground 6 — Non-Residential Use. You're converting the property to a non-housing use. Planning approval for the change of use is the key document.

Ground 7 — Religious Worker Accommodation. The property is held for a religious denomination and needed for an active pastoral worker. You need a certificate from the religious body.

Ground 8 — Employment-Linked Let. The tenancy was tied to the tenant's employment with you, and that employment has ended. Produce the employment contract and termination records.

Ground 9 — Ceased Community Care Need. The tenancy was granted because of an assessed care need that no longer exists. A social work reassessment confirms this.

Conduct and Breach Grounds (10–15): 28 Days' Notice

These deal with tenant behaviour. The notice period is 28 days regardless of how long the tenancy has run.

Ground 10 — Tenant Not Occupying Property. The tenant isn't using the property as their only or principal home. Utility records, council tax data, and neighbour statements build the case.

Ground 11 — Tenancy Agreement Breach. The tenant has broken a term other than rent payment. Show the tenancy agreement, your written warnings, and inspection records.

Ground 12 — Rent Arrears. The tenant owes at least three consecutive months' rent. You must complete the pre-action requirements (written arrears statement, debt advice signposting, repayment plan negotiation, and benefit delay assessment) before serving notice.

Ground 13 — Criminal Conviction. The tenant has a conviction for using the property for an illegal purpose or committing an imprisonable offence in the area within the past 12 months. An extract conviction record is required.

Ground 14 — Antisocial Behaviour. The tenant or a visitor has acted in an antisocial manner. Document it with incident logs, police reference numbers, and witness statements.

Ground 15 — Association with Convicted/ASB Person. The tenant associates in the property with someone who has a relevant conviction or antisocial behaviour record. Court records and police reports support this.

Regulatory Grounds (16–18): 28 Days' Notice

These arise from the landlord's own compliance failures.

Ground 16 — Landlord Registration Refused or Revoked. The local authority has refused or revoked your landlord registration. The official decision letter is the evidence.

Ground 17 — HMO Licence Revoked. Your HMO licence has been revoked or renewal refused. Again, the local authority's decision notice.

Ground 18 — Overcrowding Statutory Notice. The local authority has served a statutory overcrowding notice. Provide a copy.

The Reasonableness Test

Proving a ground gets you through the door. The tribunal then weighs your reasons against the tenant's circumstances — health, family, finances, children in local schools, vulnerability. This assessment applies to every ground without exception.

Strong evidence doesn't just prove the factual basis; it also helps on reasonableness. A landlord applying under Ground 1 with a signed marketing agreement and Home Report is in a stronger position than one with a verbal intention to sell.

The Notice to Leave in Scotland guide covers each ground's evidence requirements and walks through the notice and tribunal process from start to finish.

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