Housing (Scotland) Act 2025 — Eviction Grounds Changes (October 2026)

Background: the Private Residential Tenancy (PRT) framework

All private tenancies in Scotland granted on or after 1 December 2017 are Private Residential Tenancies (PRTs) under the Private Housing (Tenancies) (Scotland) Act 2016. PRTs are open-ended — there are no fixed terms and no equivalent of the English Section 21 notice. Landlords can only recover possession by serving a Notice to Leave on one or more of the grounds in Schedule 3 of the 2016 Act and, if the tenant does not vacate, applying to the First-tier Tribunal (Housing and Property Chamber) for an eviction order.

The Housing (Scotland) Act 2025 — overview of changes

The Housing (Scotland) Act 2025 received Royal Assent in 2025 and is being brought into force in stages. The provisions affecting PRT eviction grounds commence under SSI 2026/115 on 6 October 2026. The changes reflect the Scottish Government's policy aims of providing greater security for tenants while retaining lawful routes to possession for landlords with legitimate grounds.

Change 1 — Sale of property: mandatory ground introduced

• Under the current 2016 Act, the sale ground (Ground 1 — landlord intends to sell) is discretionary — the First-tier Tribunal has discretion on whether to grant an eviction order
• The 2025 Act makes the sale ground mandatory — where the landlord satisfies the evidentiary threshold, the Tribunal must grant the eviction order
• The new mandatory sale ground requires the landlord to provide evidence of genuine intention to sell (e.g. a concluded missives, estate agent instruction, or other documentary evidence) at the time of serving the Notice to Leave
• A 12-month re-letting ban applies: if the landlord does not sell or completes a sale but then grants a new PRT within 12 months of the eviction date, the former tenant can claim a wrongful termination order (rent equivalent penalty) under the 2025 Act — see the Scotland Wrongful Termination Order Guide 2026

Change 2 — Major works ground: amended with 12-month re-let restriction

• Ground 4 (landlord intends to carry out substantial works) is amended so that the ground now requires the landlord to be genuinely unable to carry out the works with the tenant in occupation
• A 12-month re-letting restriction applies: the landlord cannot grant a new PRT within 12 months of the tenant vacating following a major works notice. Breach creates a wrongful termination liability
• Landlords must be prepared to provide evidence that the works are genuine and substantial (planning permission, structural engineer's certificate, or similar) if the Tribunal scrutinises the notice

Change 3 — Rent arrears ground: pre-action conciliation requirement

• The current Act allows landlords to serve a Notice to Leave for rent arrears (Ground 12 — rent lawfully due, not paid) without any formal pre-action step
• The 2025 Act introduces a requirement for landlords to attempt conciliation through the Housing Dispute Resolution Service before the Tribunal will consider an eviction order on rent arrears grounds
• The commencement of the conciliation requirement is subject to a separate SSI — check Scottish Government guidance for the effective date
• Where conciliation is required, landlords must show that they attempted to use the service or that the tenant refused to engage

Change 4 — New eviction ground: anti-social behaviour with criminal conviction

• The 2025 Act introduces a new mandatory eviction ground where the tenant or a household member has been convicted of an offence committed in or in the vicinity of the property
• This mirrors England's Ground 7A (conviction-based anti-social behaviour ground) under the Renters' Rights Act 2025, providing Scottish landlords with a stronger remedy where criminal conduct has been established by a court

What Scottish landlords should do before 6 October 2026

• Review any pending possession action: If you are planning to serve a Notice to Leave on or after 6 October 2026, ensure you use the updated form and understand the applicable grounds
• Check the sale and works grounds: If you intend to sell or carry out major works, the mandatory sale ground now provides stronger protection — but the 12-month re-let restriction also applies, so plan accordingly
• Document your evidence: For the sale ground and major works ground, prepare your evidence (estate agent instruction letter, missives, planning permission, contractor schedule) before service
• Check conciliation requirements: For rent arrears cases, monitor Scottish Government guidance on whether the conciliation requirement has commenced
• Update your notice form: LetSafe Scotland LS-S-020 will be updated for the new grounds — ensure you are using the current version for notices served from 6 October 2026 onwards

LetSafe Scotland documents

• Scotland Annual Compliance Checklist (LS-S-020): Updated to reflect the Housing (Scotland) Act 2025 commencement obligations — landlord registration, PRT documentation requirements, and updated eviction ground awareness
• Scotland Notice to Leave (LS-S-020 where included): LetSafe Scotland Notice to Leave forms will be updated for the new grounds before 6 October 2026