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.