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Evicting Tenants in Scotland

Eviction law in Scotland is very complex indeed. Our specialist property solicitors will guide you through this dense area of the law. Our services are unique in Scotland. As explained in our video above, our services are based on fixed fees and are managed by specialist practitioners in this area. We represent both landlords and tenants in tenancy disputes.

So, what does the 01 April 2024 bring for Landlords and Tenants?

1. Any eviction orders granted on or before 01 April 2024 that were subject to the temporary ban can be enforced. The temporary ban on evictions will remain in place until 31 March 2024. If an eviction order is currently paused due to the Cost of Living legislation the landlord can begin to take steps to enforce the order as of 1 April 2024. This means that any order of eviction granted can be enforced after 31 March 2024. This applies even where the order includes a specific date of enforcement. It is recommended by the Scottish Government to make any tenant whom an eviction order has been granted aware of the changes taking place on 1 April 2024

 

2. The removal of certain grounds when serving a Notice. The legislation introduced grounds relating to the landlord’s financial hardship – the changes shall see those provisions removed. However, any notice served on emergency legislation grounds will remain valid so there is no requirement to reserve a valid notice;

 

3. Changes to the Rental caps – Currently, private rentals are capped at 3% or 6% in exceptional circumstances. This cap will remain in place until 31 March 2024. This applies to Rent Increase Notices issued before 1 April 2024, even if the proposed increase is due to take place after this date the cap will still apply. A landlord can only increase rent once in 12 months after giving at least 3 months’ notice. (Notice period may differ depending on the Tenancy type that is in operation) The Legislation will still govern the notice and information required for a rent increase to be valid.

These changes may feel significant and may even invoke uncertainty for some individuals. If you find yourself unsure about your rights and responsibilities in this evolving situation then we at Clarity Simplicity are here to assist.

While these changes may seem like new provisions, they represent a step towards returning to conditions that existed before the COVID-19 pandemic. If you find yourself unsure about your rights and responsibilities in this evolving situation then we at Clarity Simplicity are here to assist.

Evicting a tenant in Glasgow, East Kilbride & Edinburgh

If you have a problematic tenant, you may be haemorrhaging cash. We offer a guaranteed eviction service designed to stop you losing money. We can advise landlords on all aspects of tenancy law in Scotland including their duty to repair the property and how to deal with tenant issues such as rent arrears or antisocial behaviour.

From 1 December 2017, the law relating to private sector landlords and tenants changed under the Private Housing (Tenancies) (Scotland) Act 2016. Under the 2016 Act, any new tenancy started after 1 December 2017 will be a ‘private residential tenancy’ (PRT). This new form of tenancy replaces assured and short assured tenancies. PRTs can only be ended if the landlord can rely on one of the 18 grounds for eviction, or where the tenant gives at least 28 days’ written notice.

Assured and short assured tenancies that started before 1 December 2017 will continue under the previous rules until the landlord or tenant brings them to an end. We can advise landlords on the correct procedure for evicting tenants in assured and short assured tenancies, including on notices to quit, notices of proceedings, AT6s, notices of irritancy, court eviction, sheriff officer removal and rental debt recovery.

The Cost of Living Crisis (Tenant Protection) Scotland Act 2022 Update 

The COVID-19 Pandemic changed almost all aspects of our daily lives and we continue to see some of its effects still prevalent today. As we approach the end of March 2024, a significant chapter in Scotland’s housing landscape is coming to a close. The Cost of Living Crisis (Tenant Protection) Scotland Act 2022, a pivotal piece of legislation aimed at safeguarding tenants and landlords alike, is set to expire on the 31st of March. Its expiration prompts us to reflect on its impact and to look ahead at what lies ahead for both tenants and landlords across Scotland.

Over the past two years, the Act introduced emergency measures to combat the cost of living crisis in Scotland. These provisions included a rent freeze, a cap on a landlord’s ability to increase rent beyond a certain threshold and a moratorium (temporary ban) on enforcing eviction orders.

Lawyer for evicting tenants Glasgow, Scotland

Our lawyers specialise in evicting tenants in Scotland and we advise on:

  • Private Residential Tenancies (PRTs)
  • Grounds for eviction
  • Notices to leave
  • Eviction orders

 

We will advise you on all aspects of the property litigation and represent you before the First-Tier Tribunal if necessary.

Contact us for a Free* eviction law consultation

For a Free* consultation with our housing law solicitors based in Glasgow, East Kilbride and Edinburgh, Scotland, call us today on 0808 168 5822 or complete our online enquiry form and let us help you. We assist clients in many areas of Scotland, including Glasgow, Paisley, Ayr, Fife, Dumbarton, Crossmyloof, Giffnock, Clarkston and Newton Mearns.

How do I evict a tenant in Scotland?

Eviction of any tenant in Scotland must absolutely be dealt with very carefully indeed. To bring the tenancy to an end, the landlord must be able to rely on one of the 18 grounds for eviction. You must also serve a notice to leave on your tenant, providing information on how long they have before they must leave your property, the ground for eviction you are using and, in some situations, evidence in support of the ground for eviction.

If your tenant does not leave the property before the notice period ends, you can make an application for an eviction order to the First-Tier Tribunal. You must apply to the Tribunal within six months of the end of the notice period.

For what reasons can I evict a tenant?

Clearly, you cannot evict a tenant without good reason. Housing law protects persons from being evicted unless the landlord has good reason to do so.

There are eight mandatory grounds for eviction. If the Tribunal finds that any of these grounds apply, an eviction order will be issued and the tenant must exit the property.

Mandatory grounds

  1. You intend to sell the property. To use this ground, you must be able to show that you plan to sell the property within three months of the tenant’s departure, for example, with a note from your solicitor.
  2. Your mortgage lender is going to repossess and sell the property.
  3. You intend to do major works on the property. This ground will apply if the works are too disruptive to be carried out while the tenant lives in the property. Planning permission can serve as evidence to support this ground.
  4. You wish to live in the property. A written statement signed in the presence of a Notary Public or Justice of the Peace can act in support of this ground.
  5. You no longer wish to use the property for residential purposes. Evidence for this ground can include planning permission.
  6. You intend to let the property to someone with a religious job, such as a nun, priest, imam or rabbi. You can only rely on this ground if the property has been used for this purpose previously.
  7. The tenant has been convicted of an offence. The conviction must be punishable by imprisonment and involve your property in some way, including committing the offence near or inside the property. You must raise this ground of appeal with the Tribunal within one year of the conviction.
  8. The tenant is no longer using the property as their main or only home.

Discretionary grounds

Even if the Tribunal agrees with a discretionary ground, eviction is not automatic. The Tribunal will still need to decide whether, based on the circumstances, it is reasonable to issue an eviction order.

  1. Your relative intends to live in the property. This must be for a period of at least three months, and the property should be their only or main home. Qualifying family members include your spouse, civil partner, someone you live with as if married, your children and your parents.
  2. The tenant no longer needs community care. This ground applies if the tenant moved in to your property because they needed supported accommodation but they no longer have this need.
  3. The tenant has breached of a term in the tenancy agreement, other than not paying rent.
  4. The tenant has acted in an antisocial manner. Antisocial behaviour includes anything that causes another person alarm or distress, is a nuisance or amounts to harassment. You must apply to the Tribunal within one year of the conduct or conviction.
  5. Someone the tenant has let into the property has acted in an antisocial manner. This includes a person who is a sub-tenant, lodger or someone who visits the property on more than one occasion. You must apply to the Tribunal within one year of the conduct or conviction.
  6. Your landlord registration is refused or revoked.
  7. Your HMO licence has been removed.
  8. You have been served with an overcrowding statutory notice.

Mandatory or discretionary grounds

The following grounds can be considered either mandatory or discretionary by the Tribunal, depending on the circumstances involved.

  1. The tenant has not paid rent for three consecutive months. This ground will be mandatory if the tenant still owes at least one month’s rent on the first day of the Tribunal hearing. On the other hand, if the tenant owes less than one month’s rent on the first day of the hearing, the ground will be considered discretionary.
  2. The tenant is no longer an employee of yours or has failed to become one.

How much notice do I need to give a tenant?

This will depend on the ground for eviction you are using and how long the tenant has rented the property for.

  • If the tenant has lived in the property for six months or less, regardless of the ground for eviction, you must provide at least 28 days’ notice.
  • If the ground for eviction is number 7, 8, 11, 12, 13 or 17 from the list above, regardless of the length of time the tenant has lived in the property, you must provide at least 28 days’ notice.
  • If the tenant has lived in the property for over six months and you are not using ground 7, 8, 11, 12, 13 or 17, you must provide 84 days’ notice.

Do I need a lawyer to evict a tenant?

The cost implications of getting the eviction process wrong can be significant. Therefore, in every case, we recommend our clients instruct us to make sure that their legal notices and any Tribunal action they have to take is legally spot on, and that they will manage to get their tenant evicted.

How much will eviction cost me as landlord?

All of our first consultations at Complete Clarity Solicitors are Free* of charge. At this meeting, we ascertain the full background of your case and, therefore, will provide you with a clear idea of our fees; most of which, in the eviction process, are very competitive and based on fixed fees. We are always more than happy to provide quotes to anyone seeking advice on this process, and would invite anyone seeking advice to make use of our service by phoning and booking a Free* consultation.

No eviction is straightforward and each one will have its own particular requirements. We’ll listen to your instructions and advise you on the best way to proceed.

Our housing solicitors help our clients in respect of eviction from property in Glasgow, East Kilbride, Edinburgh, Paisley, Motherwell, Ayr, Hamilton, Dumbarton and throughout Scotland.

Contact us for a Free* eviction law consultation

This is a privately funded fixed fee specialist legal service.

Please note: we do not currently provide Legal Aid.

Complete Clarity – Eviction/Notice to Quit Solicitors in Glasgow, East Kilbride & Edinburgh

Complete Clarity Solicitors are based in Glasgow, East Kilbride & Edinburgh however with our unique teleconferencing facilities, you do not even need to visit our office for legal advice. For a Free* consultation with our housing law solicitors, call us today on 0808 168 5822 or complete our online enquiry form and let us help you.

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