Scotland Only � Scottish PRT (Private Housing (Tenancies) (Scotland) Act 2016) � Notice to Leave: Must Cite One of 18 Schedule 3 Grounds � No Section 21 in Scotland � Mandatory Grounds (Tribunal MUST Evict): Grounds 1-9 (Landlord's Needs); Ground 12 (3+ Months' Arrears; No Dispute); Grounds 17-18 (Registration/HMO Licence Refused or Revoked) � Discretionary Grounds: 10-11; 12A; 13-16 � Notice Periods: 28 Days or 84 Days Depending on PRT Length and Ground � Pre-Action Arrears Requirements (ss.51-53): Clear Information; Repayment Plan Offer; Financial Support Consideration � First-tier Tribunal (Housing and Property Chamber): Only Body That Can Issue an Eviction Order

Notice to Leave Scotland � 18 PRT Grounds, Mandatory vs Discretionary, Notice Periods, Pre-Action Rent Arrears Requirements and First-tier Tribunal

In Scotland, a landlord cannot end a Private Residential Tenancy (PRT) without citing one of the 18 statutory grounds in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016. There is no equivalent of the English Section 21 no-fault notice in Scotland. Mandatory grounds (tribunal MUST grant Eviction Order if established): Grounds 1-9 (landlord's needs � own occupation; sale; mortgagee possession; religious purpose; non-residential use; refurbishment; family member; religious body; student accommodation); Ground 10 (non-residential/demolition � discretionary in practice); Ground 12 (3+ consecutive months' rent arrears with no dispute); Grounds 17-18 (landlord registration or HMO licence refused/revoked). Discretionary grounds (tribunal considers reasonableness): Grounds 11 (breach of tenancy); 12A (persistent arrears); 13-16 (ASB; criminal conviction; association with convicted person; no longer main home). Notice periods for PRTs of 6+ months: 28 days for Grounds 11-14; 17-18; 84 days for Grounds 1-10; 12A; 15-16. Pre-action requirements for rent arrears grounds (PHTScot 2016 ss.51-53): provide clear arrears information; offer repayment plan; consider financial support eligibility. First-tier Tribunal (Housing and Property Chamber): sole body with power to issue an Eviction Order in Scottish PRT; adjudicates notice validity, ground establishment, and reasonableness (for discretionary grounds).

14 min readUpdated 7 June 2026Last reviewed: 17 May 2026notice-to-leavescotlandPRTprivate-residential-tenancy

The 18 Schedule 3 grounds � mandatory vs discretionary

The Notice to Leave must cite at least one of the 18 grounds in Schedule 3 PHTScot 2016. Mandatory grounds (FtT MUST grant Eviction Order if established): Ground 1 � landlord intends to live in the property as their only or main home; Ground 2 � landlord intends to sell; Ground 3 � lender intends to sell (mortgagee in possession); Ground 4 � religious purpose; Ground 5 � non-residential use; Ground 6 � refurbishment (cannot do with tenant in situ); Ground 7 � landlord's family member requires it; Ground 8 � required by religious body; Ground 9 � student accommodation no longer needed for student use; Ground 12 � 3+ consecutive months' rent arrears with no dispute; Ground 17 � landlord registration refused or revoked; Ground 18 � HMO licence refused or revoked. Discretionary grounds (FtT considers reasonableness): Ground 10 � non-residential/demolition use; Ground 11 � breach of tenancy; Ground 12A � persistent rent arrears; Ground 13 � ASB; Ground 14 � criminal conviction; Ground 15 � association with convicted person; Ground 16 � no longer main home.

Notice periods and pre-action rent arrears requirements

Notice periods for PRTs of less than 6 months: 28 days for all grounds. For PRTs of 6 months or more: 28 days for Grounds 11 (breach), 12 (3 months' arrears), 13 (ASB), 14 (conviction), 17 (registration refused/revoked), 18 (HMO licence refused/revoked); 84 days for Grounds 1-10 (landlord's needs), 12A (persistent arrears), 15 (association), 16 (no longer main home). Pre-action rent arrears requirements (ss.51-53): before serving a Notice to Leave on Ground 12 or 12A, the landlord must: (a) provide clear written information about the arrears; (b) make reasonable efforts to agree a repayment plan; (c) consider whether the tenant might be eligible for financial support (Universal Credit; Scottish Welfare Fund; discretionary housing payment). The FtT can dismiss the landlord's application if these requirements have not been met.

First-tier Tribunal (Housing and Property Chamber) � the sole eviction body in Scottish PRT

If the tenant does not leave after the Notice to Leave period, the landlord applies to the First-tier Tribunal (Housing and Property Chamber) for an Eviction Order. The FtT adjudicates: (a) whether the Notice to Leave was valid (correct form; correct ground(s); correct notice period); (b) whether the stated ground is established on the facts; (c) for discretionary grounds � whether it is reasonable in all the circumstances to grant an Eviction Order. For mandatory grounds: the FtT MUST grant an Eviction Order once the ground is established � no discretion. For discretionary grounds: the FtT may refuse, impose conditions, or grant an Eviction Order with a deferred implementation date. Section 21 (Housing Act 1988) does not apply in Scotland � Scotland has never had a no-fault possession route.

Frequently asked questions

Can a Scottish landlord end a PRT tenancy without a ground?+

No � there is no no-fault possession route in Scottish PRT law. Section 21 of the Housing Act 1988 has never applied in Scotland. To end a Scottish PRT, the landlord must serve a Notice to Leave citing at least one of the 18 statutory grounds in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016. If the tenant does not leave after the notice period, the landlord must apply to the First-tier Tribunal (Housing and Property Chamber) for an Eviction Order.

What is the difference between mandatory and discretionary grounds in Scottish PRT?+

For mandatory grounds (Grounds 1-9; Ground 12 � three months' arrears with no dispute; Grounds 17-18), the First-tier Tribunal MUST grant an Eviction Order if the ground is established � it has no discretion to refuse. For discretionary grounds (Grounds 11; 12A; 13-16), the tribunal considers all the circumstances and decides whether it is reasonable to grant an Eviction Order � it can refuse to evict even if the factual ground is established.

What are the pre-action requirements for rent arrears grounds in Scottish PRT?+

Before serving a Notice to Leave on Ground 12 (three months' rent arrears) or Ground 12A (persistent arrears), the landlord must comply with PHTScot 2016 ss.51-53: (1) provide clear written information about the arrears; (2) make reasonable efforts to agree a repayment plan; (3) consider whether the tenant might be eligible for financial support (Universal Credit; Scottish Welfare Fund; discretionary housing payment). The First-tier Tribunal can dismiss the eviction application if these requirements have not been met.

How long is the notice period for a Notice to Leave in Scotland?+

For PRTs of less than 6 months: 28 days for all grounds. For PRTs of 6 months or more: 28 days for Ground 11 (breach), Ground 12 (3 months' arrears), Ground 13 (ASB), Ground 14 (criminal conviction), Grounds 17-18 (registration/HMO licence refused); and 84 days for Grounds 1-10 (landlord's needs), Ground 12A (persistent arrears), Ground 15 (association with convicted person), and Ground 16 (no longer main home).

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The Housing (Scotland) Act 2024 received Royal Assent in November 2024. It gives Scottish Ministers new powers to designate Rent Control Areas, changes how landlords apply rent increases on Private Residential Tenancies, and strengthens the Repairing Standard. Here is what every Scottish private landlord needs to know.

Property Law Time Limits

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Limitation Act 1980 time limits for property and landlord-tenant claims: 12 years to recover land (s.15; adverse possession � registered land: LRA 2002 Sch 6 10-year application procedure; unregistered: 12-year extinguishment); 6 years for rent arrears (s.5 � per-instalment accrual; partial payment restarts clock); 12 years for mortgage repossession (s.20); 3 years for personal injury (s.11; s.14 date of knowledge; s.33 court discretion); latent damage (Latent Damage Act 1986; s.14A/14B � 6 years from damage; 3 years from knowledge; 15-year long-stop); Scotland: Prescription and Limitation (Scotland) Act 1973 (5-year primary prescription; 20-year long negative prescription).

Leasehold Management

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Landlord Rights

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