How to Evict a Tenant in Scotland

Evicting a tenant in Scotland follows one lawful path: serve a valid notice to leave, wait for it to expire, and — if the tenant doesn't go — apply to the First-tier Tribunal for an eviction order enforced by Sheriff Officers. There's no shortcut, no self-help, and no way to skip a step.

Changing locks, cutting off water or electricity, or removing a tenant's belongings is a criminal offence under the Rent (Scotland) Act 1984. The only people who can physically remove a tenant are authorised Sheriff Officers acting on an extract tribunal order.

Here's the full sequence.

Step 1: Identify Your Ground

Under the Private Housing (Tenancies) (Scotland) Act 2016, you need at least one of the 18 statutory grounds in Schedule 3. You can't evict simply because you want the tenant out — every ground has a factual test.

The three most common:

• Ground 1 — selling the property (evidence: marketing agreement, Home Report)
• Ground 4 — moving back in yourself (evidence: sworn affidavit)
• Ground 12 — rent arrears of three or more consecutive months (evidence: rent ledger plus completed pre-action requirements)

Step 2: Serve the Notice to Leave

Generate the prescribed notice using the mygov.scot tool. Fill in the tenant's name, the property address, the ground you're relying on, and the specific facts.

Set the notice expiry date correctly:

• 84 days for estate grounds (1–9) when the tenancy has run longer than six months
• 28 days for conduct, breach, or regulatory grounds (10–18), or for estate grounds where the tenancy is six months or shorter

If you're posting it by recorded delivery or sending by email, add a 48-hour deemed delivery allowance before starting the count.

Serve by recorded delivery post, personal hand delivery, or email if the PRT contract specifically permits electronic service. Keep your proof — tracking receipt, signed acknowledgement, or sent email with headers.

Step 3: Wait for the Notice Period to Expire

The tenant doesn't have to leave during the notice period. They don't have to leave on the expiry date either. Their tenancy continues until a tribunal eviction order is granted and enforced.

If the tenant does leave voluntarily, arrange the deposit return through the approved scheme, settle utilities, and you're done.

Step 4: Apply to the First-tier Tribunal

If the tenant stays past the expiry date, apply to the Housing and Property Chamber using Form E under Rule 109. There's no fee.

Attach:

• The signed PRT agreement
• Your notice to leave (the served copy)
• Proof of service (tracking log, signed receipt, or email headers)
• Evidence supporting your ground
• Pre-action requirements compliance records (for Ground 12)

At the same time, serve a Section 11 notice on the local council's homelessness team. Don't do this when you issue the notice to leave — do it when you lodge the tribunal application.

Step 5: Attend the Hearing

The tribunal schedules a case management discussion (CMD) first. If the tenant doesn't contest and reasonableness is clear, the tribunal can issue an eviction order at the CMD.

If either the facts or reasonableness are disputed, the case goes to a full evidential hearing with witnesses and cross-examination. Current wait times from application to hearing average 8 to 12 months.

Remember: every ground is discretionary. The tribunal weighs your case against the tenant's circumstances — health, children, finances, vulnerability.

Step 6: Enforce the Eviction Order

Once the eviction order is granted, a 30-day appeal window runs. After that, you obtain an extract order and instruct authorised Sheriff Officers. They serve a Charge for Early Removal (usually giving 14 days) before executing the physical eviction.

What If the Tenant Won't Leave but You Haven't Applied Yet?

You're stuck until you apply. A notice to leave is only valid for six months from its expiry date. If you don't apply to the tribunal within that window, you need to serve a fresh notice and start over.

The Notice to Leave in Scotland guide maps every step — from choosing the right ground and calculating the exact notice period to completing Form E and preparing your tribunal evidence bundle.

See more Scotland guides →