Navigating the terrain of eviction laws in Scotland can be a tricky affair for solicitors. Ensuring compliance with these laws while balancing the rights and obligations of both landlords and tenants within a private residential tenancy is paramount. In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 introduced comprehensive changes, aiming to offer security, stability, and predictability for tenants, and ensure that there are straightforward procedures that landlords can follow if they want to regain possession of their property. Here’s an essential guide to the various grounds for eviction under this legislation, which every solicitor should know.

Understanding the Grounds for Eviction – landlord, Tenant, Tenancy – Eviction notice

The 2016 Act sets out 18 grounds for eviction, which are categorised into mandatory and discretionary grounds. Solicitors must understand the nuances of each ground applied to provide accurate advice to their clients on eviction in Scotland.

Mandatory Grounds  – Eviction process – Tenant in Scotland

Mandatory grounds, if proven, require the tribunal to issue an eviction order, a vital aspect of eviction for tenants in Scotland. These include:

  1. The landlord intends to sell, which is a common reason for eviction for tenants in Scotland. The landlord plans to sell the property within the next three months, a significant ground for applying for eviction in Scotland.
  2. Landlord intends to refurbish: The property requires significant refurbishment that is not feasible with the tenant occupying it.
  3. Landlord intends to live in the property: The landlord or their family member intends to live in the property.
  4. Mortgage repossession: The property is subject to a mortgage, and the lender intends to repossess it.
  5. Tenant no longer needs supported accommodation: This applies to properties specifically adapted for those needing special support.

Discretionary Grounds

For discretionary grounds, the tribunal decides whether it is reasonable to issue an eviction order based on the circumstances. Some of the discretionary grounds include:

  1. Rent arrears: One of the common grounds that apply for landlords to evict tenants in Scotland. Considered if the tenant has been in arrears for three or more consecutive months.
  2. Tenant’s behaviour: Eviction can be considered if the tenant has been involved in antisocial behaviour or criminal activities.
  3. Breach of tenancy agreement: Apart from rent arrears, any other breach of the tenancy agreement can be grounds for eviction.
  4. Under-occupation: The landlord may evict if the property is deemed under-occupied according to local authority guidelines.

Legal Process for Eviction – Notice period – Eviction in Scotland

Understanding the legal process for eviction is as important as understanding the grounds. The process typically follows these steps:

  1. Notice to Leave: The first step is issuing a ‘notice to leave’ by the landlord, stating the ground(s) for eviction and if the ground applies.
  2. Application to the Tribunal: A critical step for tenants looking to challenge your eviction in Scotland. If the tenant does not leave after the notice period expires, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to get an eviction order.
  3. Tribunal Hearing: Both parties can present their case at the tribunal hearing. The tribunal then makes a decision based on the evidence presented, possibly impacting those facing eviction in Scotland.
  4. Eviction Order: This formal process might be challenged by tenants seeking to apply to the tribunal. If the tribunal decides in favour of the landlord, an eviction order will be issued.

Strategic Considerations for Solicitors

When advising clients, consider the following strategic aspects: a guide to eviction for tenants, how to challenge your eviction, and applying to the tribunal.

  • Documentation and Evidence: Ensure all documentation and evidence supporting the grounds for eviction are in order. This includes rental records, correspondence, and witness statements if applicable.
  • Pre-tribunal Negotiations: Sometimes, matters can be settled out of tribunal through negotiations. This can be quicker and less costly for all parties involved.
  • Understanding Tenant Rights: Always advise clients about the tenants’ rights, including the right to appeal the tribunal’s decision.

Simplicity Legal Contact us: Eviction order – Grounds for Evictions in Scotland

The eviction process in Scotland is designed to balance the rights of tenants with the abilities of landlords to manage their properties effectively. For solicitors, a thorough understanding of these grounds and the associated legal processes is essential for offering sound legal advice and ensuring that the eviction proceedings go smoothly.

If you need help with any evictions or need to speak with a solicitor, at Complete Clarity we can help. Our firm, which has offices in Glasgow serves clients throughout Scotland, including those in Airdrie, Edinburgh, Motherwell, Bellshill, Dumbarton, Paisley, Ayr, Fife, Crossmyloof, Giffnock, Clarkston, Newton Mearns, and numerous other nearby communities. We can speak about entering into a separation agreement. We can discuss you’re enquiry future with one of our highly qualified evictions specialist solicitors however we do not offer legal aid for evictions in Scotland. Please contact us today and please call 0808 169 7033 for a free* initial consultation with one of our Glasgow- and Edinburgh-based employment lawyers.

About Sinead - Sinead attended the University of Stirling where she achieved her LLB. She completed her Diploma in Legal Practice at Strathclyde University and in 2022, she gained a Masters in Public Policy from the University of Stirling. Sinead has progressed through the Firm to associate Solicitor. She assists with the daily management of the Firm, and its operations and policy as well as assisting in the development of our marketing strategy. Sinead manages our Client Services team and aims to ensure that the firm delivers an excellent and consistent level of service to all our clients.