Notice to Leave Scotland 2026 — 18 PRT Grounds, Mandatory vs Discretionary, Notice Periods, Pre-Action Rent Arrears Requirements and First-tier Tribunal

The 18 Schedule 3 grounds, notice periods, pre-action rent arrears requirements and the First-tier Tribunal process

The complete framework for serving a valid Notice to Leave and obtaining a Scottish PRT Eviction Order:

• The 18 Schedule 3 grounds — mandatory vs discretionary: Under the PHTScot 2016, the Notice to Leave must cite at least one of the 18 grounds in Schedule 3. Mandatory grounds (the First-tier Tribunal MUST grant an Eviction Order if the ground is established): Ground 1 — landlord intends to live in the property as their only or main home; Ground 2 — landlord intends to sell the property; Ground 3 — property is held by a lender and the lender intends to sell (mortgagee in possession); Ground 4 — property is required for use in connection with a religious purpose; Ground 5 — landlord intends to use the property for a non-residential purpose (e.g., commercial use); Ground 6 — landlord intends to refurbish the property (and cannot do so with the tenant in situ); Ground 7 — landlord's family member intends to live in the property; Ground 8 — property is required by a religious body for religious use; Ground 9 — tenancy was created specifically for student accommodation and the property is needed for student use; Ground 10 — property is to be used for a purpose other than housing (non-residential; demolition). For Grounds 1-10 (landlord's needs grounds), the landlord must demonstrate a genuine and reasonable intention — the FtT scrutinises the landlord's declared intention and may require evidence. Ground 12 — the tenant is in arrears of rent for three or more consecutive months as of the date of the Notice to Leave AND the arrears are not subject to a dispute between the landlord and tenant under the tenancy dispute resolution provisions — MANDATORY but only if both conditions are met (three consecutive months arrears + no dispute); Ground 17 — the landlord's registration as a private landlord has been refused or revoked by the local authority; Ground 18 — the property's mandatory HMO licence has been refused or revoked. Discretionary grounds (the FtT considers whether it is reasonable to grant an Eviction Order): Ground 11 — the tenant has breached a term of the tenancy agreement (other than rent payment); Ground 12A — the tenant has persistently delayed in paying rent (even if the arrears do not reach three months at the date of the Notice to Leave); Ground 13 — the tenant (or someone living with the tenant) has been engaged in anti-social behaviour; Ground 14 — the tenant has been convicted of an offence that was committed in or in the locality of the property; Ground 15 — the tenant (or someone living with the tenant) is associated with a person who has been convicted of a relevant offence; Ground 16 — the property is no longer the tenant's only or main home.
• Notice periods, pre-action rent arrears requirements and the First-tier Tribunal process: Notice periods — the notice period that must be given in the Notice to Leave depends on: (a) the length of the PRT; and (b) the ground cited. For PRTs of LESS THAN 6 months: 28 days' notice for all grounds. For PRTs of 6 MONTHS OR MORE: 28 days' notice for Grounds 11 (breach of tenancy term); Ground 12 (three months' rent arrears); Ground 13 (ASB); Ground 14 (criminal conviction); Ground 17 (registration refused/revoked); Ground 18 (HMO licence refused/revoked). 84 days' notice for Grounds 1-10 (landlord's needs grounds); Ground 12A (persistent arrears); Ground 15 (association with convicted person); Ground 16 (no longer main home). Pre-action requirements for rent arrears grounds (PHTScot 2016 ss.51-53): before serving a Notice to Leave on Ground 12 (three months' arrears) or Ground 12A (persistent arrears), the landlord must: (a) provide the tenant with clear written information about the nature and amount of the arrears; (b) make reasonable efforts to agree a repayment plan with the tenant that would allow the tenant to remain in the property; (c) consider whether the tenant might be eligible for financial support that could address the arrears (Universal Credit — Housing Benefit element; Scottish Welfare Fund; discretionary housing payment from the local council). The First-tier Tribunal (Housing and Property Chamber) can dismiss the landlord's eviction application if the pre-action requirements have not been met — even if the arrears are established. First-tier Tribunal (FtT — Housing and Property Chamber) process: after the Notice to Leave period has expired and the tenant has not left, the landlord applies to the FtT 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 (mandatory grounds — the FtT must grant the Eviction Order if the ground is established; no discretion once the ground is made out); (c) for discretionary grounds — whether it is reasonable, in all the circumstances, to grant an Eviction Order; the FtT may impose conditions on the Eviction Order (e.g., a deferred implementation date to allow the tenant time to find alternative accommodation). Section 21 does NOT apply in Scotland: Section 21 of the Housing Act 1988 has never applied in Scotland; Scotland has operated the PRT 'notice citing grounds' framework since 1 December 2017; there is no equivalent of the old English 'no-fault' possession route in Scotland. The Renters' Rights Act 2025 (England only) does not affect Scottish tenancy law

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