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, All 18 Grounds Discretionary Since 1 October 2022 (Coronavirus (Recovery and Reform) (Scotland) Act 2022), Notice Periods (s.54(3)): 28 or 84 Days by Tenancy Length and Grounds Cited, Rent Arrears Pre-Action Requirements (SSI 2020/304), First-tier Tribunal (Housing and Property Chamber): Only Body That Can Issue an Eviction Order

Notice to Leave Scotland 2026: 18 PRT Grounds and Periods

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, and since 1 October 2022 every ground is discretionary: the First-tier Tribunal may grant an eviction order only where the ground is established AND it is reasonable to do so (the Coronavirus (Recovery and Reform) (Scotland) Act 2022 made this permanent). The 18 grounds are: 1 landlord intends to sell; 2 property to be sold by lender; 3 landlord intends to refurbish; 4 landlord intends to live in the property; 5 family member intends to live in it; 6 landlord intends to use it for non-residential purposes; 7 property required for religious purpose; 8 tenant no longer an employee; 9 tenant no longer needs supported accommodation; 10 tenant not occupying; 11 breach of tenancy agreement; 12 rent arrears over three or more consecutive months; 13 criminal behaviour; 14 anti-social behaviour; 15 association with a person who has a relevant conviction or has engaged in relevant anti-social behaviour; 16 landlord registration refused or revoked; 17 HMO licence revoked; 18 overcrowding statutory notice. Notice periods (s.54(3)): 28 days where the tenant has occupied for 6 months or less OR only grounds 10 to 15 are cited; 84 days otherwise. Rent arrears pre-action requirements (Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020, SSI 2020/304, made permanent by the 2022 Act) apply to the Ground 12 arrears ground. First-tier Tribunal (Housing and Property Chamber): sole body with power to issue an Eviction Order for a Scottish PRT.

14 min readUpdated 10 September 2026Last reviewed: 2 September 2026notice-to-leavescotlandPRTprivate-residential-tenancy

Written and reviewed byRichard Wood· Founder, LetSafe UKLast reviewed: 2 September 2026

The 18 Schedule 3 grounds, all discretionary

The Notice to Leave must cite at least one of the 18 grounds in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016. Since 1 October 2022 all 18 are discretionary, the First-tier Tribunal grants an eviction order only where the ground is established and eviction is reasonable. The grounds are: Ground 1, landlord intends to sell; Ground 2, property to be sold by a lender (mortgagee in possession); Ground 3, landlord intends to refurbish (cannot reasonably do so with the tenant in occupation); Ground 4, landlord intends to live in the property; Ground 5, a member of the landlord's family intends to live in it; Ground 6, landlord intends to use the property for a non-residential purpose; Ground 7, property required for a religious purpose; Ground 8, tenant is no longer an employee of the landlord; Ground 9, tenant no longer needs supported accommodation; Ground 10, tenant is not occupying the property as their home; Ground 11, breach of a term of the tenancy; Ground 12, rent arrears over three or more consecutive months; Ground 13, criminal behaviour (relevant conviction); Ground 14, anti-social behaviour; Ground 15, association with a person who has a relevant conviction or has engaged in relevant anti-social behaviour; Ground 16, landlord registration refused or revoked; Ground 17, HMO licence revoked; Ground 18, overcrowding statutory notice. There is no 'Ground 12A' and no separate student ground.

Notice periods and the rent arrears pre-action requirements

Notice periods (s.54(3)): 28 days where the tenant has occupied the property for 6 months or less, or where the only grounds cited are Grounds 10 to 15; 84 days in every other case (a tenancy of more than 6 months citing any of Grounds 1 to 9 or 16 to 18). Rent arrears pre-action requirements: before serving a Notice to Leave on Ground 12, the landlord should follow the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (SSI 2020/304, made permanent by the Coronavirus (Recovery and Reform) (Scotland) Act 2022): (a) provide clear written information about the arrears and how to get advice; (b) make reasonable efforts to agree a reasonable repayment plan; (c) give reasonable consideration to the tenant's circumstances, including benefit delays and any repayment steps. The First-tier Tribunal weighs compliance when deciding whether eviction is reasonable.

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; and (c) whether it is reasonable in all the circumstances to grant an Eviction Order, this applies to every ground, as all 18 are discretionary. The FtT may refuse the order, or grant it with a deferred implementation date. Section 21 (Housing Act 1988) does not apply in Scotland, Scotland has never had a no-fault possession route.

Primary sources

This page is drafted against the legislation below. Always check the current text of the law before acting.

Housing Act 1988 (legislation.gov.uk)
Private Housing (Tenancies) (Scotland) Act 2016 (legislation.gov.uk)
Housing (Scotland) Act 2025 (legislation.gov.uk)
HMO licensing (GOV.UK)

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.

Are any Scottish PRT eviction grounds mandatory?+

No. All 18 grounds in Schedule 3 have been discretionary since 1 October 2022, when the Coronavirus (Recovery and Reform) (Scotland) Act 2022 made the temporary change permanent. The First-tier Tribunal may grant an eviction order only where the ground is established AND it is reasonable in all the circumstances to evict. The Housing (Scotland) Act 2025 does not change the grounds or restore any mandatory ground.

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

Before serving a Notice to Leave on Ground 12 (rent arrears over three or more consecutive months), the landlord should comply with the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (SSI 2020/304), made permanent by the 2022 Act: (1) give the tenant clear written information about the arrears, the tenancy terms and how to access advice; (2) make reasonable efforts to agree a reasonable repayment plan; (3) give reasonable consideration to the tenant's circumstances, including any benefit delays and any steps the tenant is taking. The First-tier Tribunal takes compliance into account when deciding whether it is reasonable to grant an eviction order.

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

Two periods apply (s.54(3) of the 2016 Act): 28 days where the tenant has occupied the property for 6 months or less, or where the only grounds cited are Grounds 10 to 15 (not occupying, breach of the agreement, rent arrears, criminal behaviour, anti-social behaviour, association); 84 days in every other case, that is, where the tenancy has lasted more than 6 months and any of Grounds 1 to 9 or 16 to 18 is cited.

Templates recommended in this guide

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