Landlord Selling Property Scotland: Notice to Leave Under Ground 1

A third of Scottish landlords are planning to sell at least one rental property, according to SafeDeposits Scotland survey data. If that's you, Ground 1 of the Private Housing (Tenancies) (Scotland) Act 2016 is the route — but it has specific requirements that go beyond "I want to sell."

What Ground 1 Actually Requires

Ground 1 is "Landlord Intends to Sell." To use it, you must intend to sell the property at market value within three months of the tenant ceasing to occupy it. That intention has to be genuine and demonstrable at the time you serve the notice.

The First-tier Tribunal won't take your word for it. Standard evidence includes:

• A signed engagement letter with an estate agent
• A marketing or sales agreement
• A Home Report (commissioning one shows active preparation)
• Written instructions to a solicitor to handle the sale

The stronger your paper trail, the better your position — both on the factual ground and on the tribunal's reasonableness assessment.

The Notice Period

If the tenant has lived in the property for more than six months (which covers most ongoing tenancies), you must give 84 days' notice. If they've been there six months or less, it's 28 days.

Send by recorded delivery and add the 48-hour deemed delivery allowance before starting the count. For an 84-day notice posted by Royal Mail: the earliest valid expiry date is Day 87 from the posting date.

What the Tenant Can Expect

When a tenant receives a Ground 1 notice to leave, they're entitled to:

• Stay until the notice expires. They don't have to leave early, and you can't pressure them to.
• Stay beyond the notice. A notice to leave doesn't end the tenancy. If the tenant doesn't move out, the tenancy continues until a tribunal eviction order is enforced.
• Challenge reasonableness. Even if you prove the factual ground, the tribunal decides whether eviction is reasonable given the tenant's circumstances.
• Apply for a Wrongful Termination Order if they leave and were misled by your claimed intention to sell. Section 57 of the 2016 Act allows a former tenant to claim compensation of up to six months' rent if the landlord misrepresented the ground.

The Wrongful Termination Risk

This is Ground 1's biggest trap. If you serve a Ground 1 notice, the tenant moves out, and you then re-let the property instead of selling, the tenant may apply to the First-tier Tribunal for a Wrongful Termination Order if they were misled about your intention to sell.

The tribunal can award compensation of up to six times the monthly rent. They'll look at property portal listings, Land Register entries, and letting agent records. A landlord who claims an intention to sell and then re-lets at a higher rent faces serious financial exposure.

Only use Ground 1 if you genuinely intend to sell.

Can You Sell With the Tenant In Place?

Yes. Nothing stops you from selling the property with the PRT still running — the tenancy transfers to the new owner automatically. Many investor-buyers specifically want tenanted properties for the immediate rental income.

If your buyer wants vacant possession, that's when Ground 1 becomes necessary. But if the buyer is happy with an existing tenant, you don't need to serve any notice at all.

Timing the Sale

A notice to leave is valid for six months from its stated expiry date. If you serve it and then take longer than expected to find a buyer, your tribunal application window is ticking down.

The practical approach: get your marketing materials and Home Report together first, then serve the notice. By the time the 84 days expire, your sale process should be well underway.

The Notice to Leave in Scotland guide covers Ground 1 in detail — the evidence checklist, the day-counting method, the service options, and what to do if the tenant stays past the notice period.

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