Notice to Leave Scotland: 28 Days vs 84 Days
Getting the notice period wrong by even one day invalidates a notice to leave in Scotland. The Upper Tribunal settled this in McAnally v Boyle [2025] UT 53 — a miscalculated expiry date can't be cured, and the entire notice is void. So the day-counting matters.
Two Notice Periods, Two Rules
The Private Housing (Tenancies) (Scotland) Act 2016 sets two notice periods:
| Category | Grounds | Tenancy ≤ 6 months | Tenancy > 6 months |
|---|---|---|---|
| Estate grounds | 1–9 (selling, moving in, refurbishment, family, etc.) | 28 days | 84 days |
| Conduct / breach / regulatory | 10–18 (not occupying, arrears, ASB, breach, licence revoked, etc.) | 28 days | 28 days |
The six-month threshold measures the tenancy's total duration from start to the date you serve the notice — not the fixed term, since PRTs don't have one.
In practice: if your tenant moved in 7 months ago and you want to sell (Ground 1), you need 84 days. If the same tenant has three months of rent arrears (Ground 12), you need 28 days regardless.
How to Count the Days
These are clear days under Section 62 of the 2016 Act. That means the day of service and the expiry date itself are not counted.
But there's an extra step. If you serve by recorded delivery post or email, a 48-hour deemed delivery allowance applies. The law treats the notice as received two calendar days after you post or transmit it.
28-Day Notice by Post
- Day 0 — you post the notice by recorded delivery
- Day 1–2 — 48-hour statutory delivery allowance (notice deemed received on Day 2)
- Day 3–30 — the 28 clear days run
- Day 31 — the earliest date to put in Part 4 of the notice to leave form
84-Day Notice by Post
- Day 0 — you post the notice
- Day 1–2 — delivery allowance
- Day 3–86 — the 84 clear days
- Day 87 — the earliest valid expiry date
Personal Hand Delivery
No delivery allowance. The notice is received on the day you hand it over.
- Day 0 — you deliver it
- Day 1–28 (or 1–84) — the clear days
- Day 29 (or 85) — the earliest valid expiry date
Common Counting Mistakes
Forgetting the delivery allowance. Posting a 28-day notice and writing Day 29 as the expiry date instead of Day 31. The notice is short by two days and void.
Using working days instead of calendar days. The 28 and 84 days run through weekends, public holidays, and bank holidays without pause.
Picking a date that's too early. You can set the expiry date later than the minimum — that's fine. But you can't set it earlier. Later is safe; earlier is fatal.
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The Six-Month Validity Window
A notice to leave remains valid for six months from the expiry date you put in Part 4. If you don't apply to the First-tier Tribunal within that window, the notice lapses and you have to start over.
This means the six-month application window runs from the expiry date stated on the notice; an artificially late expiry date also postpones when you can first apply.
Multiple Grounds, Different Periods
You can cite more than one ground on the same notice. When grounds carry different notice periods, use the longest one. If you're citing Ground 1 (84 days for a tenancy over six months) and Ground 12 (28 days), the notice period is 84 days.
The Notice to Leave in Scotland guide includes a day-counting calculator and worked examples for every combination of ground, tenancy length, and service method.
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