Ending a Tenancy in Scotland: The Legal Process for Landlords and Tenants
Ending a tenancy in Scotland requires strict compliance with statutory rules. Whether you are a landlord seeking possession of your property or a tenant who wants to end your tenancy, the process must be handled correctly to avoid delays, disputes, or unlawful eviction claims.
This guide explains the different tenancy types, the correct notice period required, when a notice to leave is necessary and what happens if a tenant does not leave at the end of the notice period. Understanding these rules will help both landlord and tenant navigate ending the tenancy lawfully and efficiently.
Unsure how to end your tenancy lawfully?
Whether you are a landlord seeking to recover possession or a tenant preparing to move on, taking the correct legal steps from the outset is essential. Even minor procedural errors can invalidate notices and cause costly delays.
Contact Complete Clarity today by calling us on 0141 433 2626 or complete our online contact form for clear, practical advice tailored to your tenancy type and circumstances.
What Type of Tenancy Do You Have?
The first step in ending the tenancy is identifying the tenancy type. The legal procedure depends entirely on whether the tenancy is:
- A private residential tenancy
- An assured tenancy
- A short assured tenancy
Your tenancy agreement should confirm the type of tenancy. It is essential to check your tenancy agreement carefully before taking any action, as each tenancy type has different notice requirements and legal protections.
Most modern tenancy arrangements in Scotland are private residential tenancy agreements. Older agreements may still operate as a short assured tenancy. The rules differ significantly depending on which tenancy applies.
Ending a Private Residential Tenancy
A private residential tenancy has no fixed end date. This means a landlord cannot simply decide to end the tenancy without relying on one of the statutory grounds for eviction.
There are 18 eviction ground options available. These include situations such as rent arrears, the landlord intending to sell the property, or where a tenant has engaged in relevant antisocial behaviour. Regardless of what eviction ground is relied upon, the landlord must evidence it before the Tribunal.
To end a private residential tenancy, the landlord must serve a formal notice to leave. The notice period will apply depending on the ground used and how long the tenant has lived in the property. In some cases, landlord at least 28 days’ notice is required. In others, a longer notice period may apply.
The notice to leave must be drafted accurately. If incorrect, the Tribunal may refuse to grant an eviction order from the First-tier Tribunal.
Notice to Leave Requirements for Landlords
A notice to leave is the formal notice called giving notice in a private residential tenancy. The landlord must sign the notice to leave and clearly state the eviction ground and the date the notice period ends.
The amount of notice your landlord must give depends on how long the tenant has lived in the property and the eviction ground relied upon. The notice period can be 28 days’ notice or longer.
The notice period will begin once the tenant is deemed to receive the notice. If the tenant does not leave by the end of the notice period, the landlord must apply to the tribunal for an eviction order. A landlord cannot remove a tenant without this order.
Ending an Assured Tenancy
To end an assured tenancy, a landlord must serve:
- A Notice to Quit
- A separate notice specifying the eviction ground
There are 17 recognised grounds for eviction under this tenancy structure. The landlord the correct notice must be served before proceedings can begin.
The amount of notice will vary depending on the ground relied upon. If the tenant refuses to leave, the landlord must apply for an eviction order. The tenant remains protected from eviction unless the Tribunal grants the order.
Ending a Short Assured Tenancy
A short assured tenancy typically has a fixed term, often six or twelve months. Once the fixed term ends (sometimes referred to as the “ish”), the landlord can end the tenancy without proving an eviction ground.
To do this, the landlord must serve:
- A Notice to Quit
- A Section 33 Notice
The notices must align with the end of the tenancy date. If served incorrectly, the landlord cannot proceed. If the tenant remains in the property, an eviction order from the First-tier Tribunal will still be required.
How a Tenant Can End Your Tenancy
A tenant who wants to end must follow the correct procedure. In a private residential tenancy, the tenant must give your landlord at least 28 days’ notice.
The tenant must give notice in writing. This is often referred to as a tenant notice or notice to end. The notice you have to give should clearly state the intended leaving date.
The tenant cannot simply leave without informing the landlord. If a tenant leaves without serving proper notice, they may remain liable for rent during the notice period.
How Much Notice Must Be Given?
The notice period depends on the tenancy type.
For most private residential tenancy arrangements, the tenant must give your landlord at least 28 days’ notice. This is sometimes described as landlord at least 28 days’ notice or landlord at least 28 days’ minimum requirement.
The notice period will begin the day after the landlord receives the written notice. If both parties agree, they may agree to a shorter notice period. However, this must be clearly confirmed to avoid dispute.
If you are unsure how much notice is required, check your tenancy agreement to see what applies.
What Happens at the End of the Notice Period?
At the end of the notice period, one of two things will occur.
If the tenant vacates the property, the tenancy ends. If the tenant does not leave, the landlord must apply to the tribunal for an eviction order. The landlord cannot lawfully evict without this formal process.
Even where a notice to leave has been served, the tenant remains entitled to live in the property until an eviction order is granted.
What About a Joint Tenancy?
A joint tenancy requires all named tenants to act together. Joint tenants must agree if they want to end the tenancy.
If one tenant wants to leave but others want to continue the tenancy instead, the situation becomes more complex. The departing tenant should ask your landlord to agree to amend the tenancy agreement or transfer responsibility to remaining occupiers.
Without agreement, the tenancy may continue and all joint tenants remain liable.
Key Things to Check Before Ending the Tenancy
Before taking steps toward ending the tenancy, you should:
- Check your tenancy agreement
- Confirm the tenancy type
- Ensure the correct notice period applies
- Confirm the notice has to be given in writing
- Make sure the landlord the correct notice is served
Mistakes in procedure can delay matters significantly.
Summary: Ending a Tenancy in Scotland
- Identify the tenancy type before taking action.
- A landlord must rely on recognised grounds for eviction in a private residential tenancy.
- A notice to leave must be properly drafted and served.
- A tenant must give your landlord at least 28 days’ notice in most modern tenancies.
- The notice period will begin once notice is received.
- If a tenant does not leave, a tribunal for an eviction order is required.
- Joint tenants must act together to end a joint tenancy.
- Always check your tenancy agreement before serving notice.
Ending a tenancy correctly protects both landlord and tenant. Seeking advice early can prevent unnecessary delay and ensure compliance with Scottish housing law.
How Can Complete Clarity Help?
At Complete Clarity, you will be supported by a dedicated housing law expert to assist you throughout the entire eviction process. We are aware that even minor errors in drafting of initial notices can lead to unnecessary delays later on in the process, so we always recommend getting in touch with us at the very beginning of the process. However, we are always happy to assist once the process has already started. Phone us on 0141 433 2626 or complete our online contact form for a free consultation with a legal professional.
