Information for private landlords

Ending a tenancy and the eviction process

Your tenant must have a private residential tenancy, if their tenancy began on or after 1st December 2017, or was converted to a private residential tenancy on or after that date. You can only end a private residential tenancy if one of the 18 grounds for eviction applies.

• Notice to Leave:
  • To end the tenancy, you must give your tenant a Notice to Leave.
  • The notice tells them which of the eviction grounds apply (the reason why you are asking them to leave), and the expiry date of the notice.
  • The tenant has the right to remain in their current property until an eviction order has been granted by the First Tier Tribunal. This can only happen after the NTL/NTQ period has expired.
• Sending the notice:
  • If you send the Notice by recorded delivery post, or by email, the law says you must add an extra two days to the notice period. This is to allow time for the Notice to arrive.
  • The notices to be used with private residential tenancies, including the Notice to Leave, are available on the Scottish Government website.
  • Landlords can also find Guidance Notes for Tenants – you should download these and give them to your tenant with the Notice to Leave. This will help them to understand what the Notice means.
  • You can also create and download a Notice to Leave
• Eviction orders:
  • If you give your tenant a Notice to Leave, and they do not move out as soon as the notice period ends, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
  • Before submitting an application to the Tribunal for an eviction order, you must inform the local authority of your intention to apply to the Tribunal. You must do this by completing a Section 11 Notice. This notice, and more information, can be found at on our Section 11 web page.

Ending a short assured tenancy/assured tenancy

Short assured and assured tenancies are for a fixed length of time (at least six months). Tenants who moved in before 1st December 2017 will have this type of tenancy.

Repossession before or at tenancy end date:

• If the tenancy has come to a natural end, and you wish to take the tenancy back, providing you issued a valid AT5 notice at the beginning of the tenancy, you must provide your tenant with 
  • A Notice To Quit
  • a Section 33 Notice
• A valid AT6 Notice should be served when you are taking the property back for any reason other than the tenancy coming to its natural end. You must advise what grounds you are using to do this.

Further advice and information on Private Residential Tenancy, Short Assured Tenancy/Assured Tenancy, eviction process, and templates to the notice mentioned above can be found at:

Ending a tenancy as a landlord - mygov.scot

Get Housing Advice - Shelter Scotland

Preventing Homelessness

Private Landlords will be contacted by a Housing Options Officer to discuss the implications for the tenant. They will negotiate a resolution and try to prevent homelessness where possible.

Prevention work will be around:

• Rent arrears including:
  • a shortfall in Universal Credit or housing benefit
• Income maximisation
  • Challenging & appealing benefits or tax credit decisions
• Seeking support for vulnerable households to sustain the tenancy
• Referral for short term housing support (STHS) allowing tenancy sustainment

In certain cases, the Housing Options Officer may refer households for welfare support based on the household circumstances.

Housing Option Officers will support landlords to direct their tenants to access council or partner services to support their tenants at risk of homelessness.