A private landlord in Scotland can only evict a tenant by serving a valid notice to leave based on one of 18 legal grounds and, if the tenant does not leave, obtaining an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber). There are no "no-fault" evictions, every ground is discretionary, and only a sheriff officer can carry out an eviction. Changing the locks or removing a tenant yourself is a criminal offence.
This guide explains the process for private residential tenancies, which most private lets have been since 1 December 2017. Older assured and short assured tenancies follow different rules, and social housing tenancies are separate again.
The 18 eviction grounds
The grounds are set out in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016. They fall broadly into three groups:
Landlord and property grounds
- The landlord intends to sell the property.
- The property is to be sold by the mortgage lender.
- The landlord intends to refurbish the property.
- The landlord intends to live in the property.
- A member of the landlord's family intends to live in the property.
- The landlord intends to use the property for a non-residential purpose.
- The property is required for a religious purpose.
Tenant status grounds
- The tenant is no longer an employee of the landlord.
- The tenant no longer needs supported accommodation.
- The tenant is not occupying the property as their home.
Conduct and legal grounds
- The tenant has breached a term of the tenancy agreement.
- The tenant has been in rent arrears for three or more consecutive months.
- The tenant has a relevant criminal conviction.
- The tenant has engaged in relevant antisocial behaviour.
- The tenant associates in the property with someone who has a relevant conviction or has engaged in antisocial behaviour.
- The landlord's registration has been refused or revoked.
- The landlord's HMO licence has been revoked or not renewed.
- An overcrowding statutory notice has been served.
Since the Coronavirus (Recovery and Reform) (Scotland) Act 2022, all 18 grounds are discretionary. Even where a ground is proved, the tribunal must also be satisfied that it is reasonable to grant an eviction order, taking account of all the circumstances.
Notice to leave: how much notice?
The landlord must serve a notice to leave in the prescribed form, stating the ground or grounds relied on and the date after which an application to the tribunal can be made. According to mygov.scot, the notice periods are:
- 28 days for grounds 10 to 15 (conduct and tenant status grounds), however long the tenant has lived there.
- 28 days for grounds 1 to 9 and 16 to 18 if the tenant has lived there for less than six months.
- 84 days for grounds 1 to 9 and 16 to 18 if the tenant has lived there for six months or more.
If more than one ground is used and the notice periods differ, the longer period applies. For grounds 13, 14 and 15, the application must normally be made within a year of the conviction or behaviour.
Important: a notice to leave does not end the tenancy by itself. If the tenant stays after the notice period, the landlord must apply to the tribunal. A defective notice, for example one with the wrong dates or ground, can cause the application to fail.
Rent arrears: the pre-action requirements
Before applying for eviction on the rent arrears ground, landlords must comply with pre-action requirements. In summary, the landlord must give the tenant clear information about the rent and arrears, signpost them to sources of advice and support, make reasonable efforts to agree a payment plan, and consider any pending benefit applications. The tribunal will also consider whether the arrears are wholly or partly due to a delay or failure in the payment of a relevant benefit.
Applying to the tribunal
The landlord applies to the First-tier Tribunal for Scotland (Housing and Property Chamber) with a copy of the notice to leave, evidence of the ground, and, for rent arrears, evidence of the pre-action steps. The tribunal usually holds a case management discussion, often by telephone or video, and may then fix a hearing. Tenants can attend, dispute the ground or argue that eviction would not be reasonable. The process often takes several months.
If an eviction order is granted and the tenant still does not leave, the landlord must instruct a sheriff officer to enforce it.
Recent and upcoming changes
The Housing (Scotland) Act 2025 makes several changes to evictions:
- Higher wrongful termination awards: from 6 October 2026, if a tenant was misled into leaving, for example a landlord claimed they would sell and did not, the tribunal can award between three and 36 times the monthly rent, with a minimum monthly figure of £840 used for the calculation.
- Delaying evictions: once section 28 of the Act is brought into force, the tribunal must consider whether it would be reasonable to delay the end of a tenancy when granting an eviction order, taking account of factors such as financial hardship, exam periods and religious or festive periods.
- Review of the grounds: the Scottish Government must review the eviction grounds.
Rules are changing in stages, so landlords should check the position at the date they serve notice.
Illegal eviction
It is a criminal offence under the Rent (Scotland) Act 1984 for a landlord to evict a tenant without a tribunal order, or to harass a tenant into leaving, for example by changing the locks, removing belongings, cutting off utilities or making threats. Tenants who are illegally evicted should contact the police and their local council, and they may be able to claim damages.
Advice for landlords and tenants
For landlords, getting the notice and evidence right first time avoids months of delay. For tenants, early advice can identify defects in the notice, help negotiate a payment plan or more time, and protect against unlawful conduct. Our independent ranking of landlord and tenant solicitors in Glasgow compares firms that act for landlords, tenants or both.
Frequently asked questions
Can a landlord evict a tenant without a reason in Scotland?
No. For private residential tenancies, a landlord must rely on one of the 18 legal grounds, and the tribunal must be satisfied that eviction is reasonable.
How much notice does a landlord have to give in Scotland?
Usually 28 days for conduct grounds or where the tenant has lived there for under six months, and 84 days for other grounds where the tenant has lived there for six months or more.
Who decides whether a tenant is evicted?
The First-tier Tribunal for Scotland (Housing and Property Chamber). Only a sheriff officer can carry out an eviction once an order is granted.
How many months of rent arrears before eviction in Scotland?
The rent arrears ground requires arrears for three or more consecutive months, and the landlord must first comply with the pre-action requirements.
Is it illegal for a landlord to change the locks?
Yes. Evicting a tenant without a tribunal order, including by changing the locks, is a criminal offence under the Rent (Scotland) Act 1984.
What is wrongful termination?
Where a tenant is misled into leaving, for example by a false sale claim. From 6 October 2026, the tribunal can award between three and 36 times the monthly rent.
Conclusion
So, how can a landlord evict a tenant in Scotland? Only by serving a valid notice to leave on one of the 18 grounds, applying to the First-tier Tribunal if the tenant stays, and having the order enforced by a sheriff officer. Every ground is discretionary, rent arrears cases need pre-action steps first, and self-help eviction is a criminal offence.
Whether you are a landlord or a tenant, compare the leading landlord and tenant solicitors in Glasgow for advice on your situation.