Helping landlords
with problem tenants

Welcome to The Eviction Help Line, one of the leading specialists in eviction and housing law in the UK.

If you’re facing challenges with problem tenants, landlord and tenant disputes, squatters, rental debt collection, or any other housing matters, you’ve come to the right place. Our dedicated team is here to provide you with expert guidance and support.

Don’t hesitate to reach out to us for assistance. We understand the complexities of eviction and housing laws, and we’re well-equipped to help you navigate through these issues. Trust The Eviction Help Line to provide the reliable and effective solutions you need.

Call our The Eviction Help Line now to speak with one of our knowledgeable professionals. We’re committed to ensuring your rights as a landlord are protected and that you receive the guidance necessary to resolve your housing-related challenges.

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What to do when evicting a tenant

TALK TO YOUR TENANT

It is highly advisable to seek resolution of disputes without resorting to court action. In the first instance, explore the possibility of reaching an agreement with your tenant or assisting them in establishing a plan to address issues such as moving out or repaying rent arrears.

Maintaining a detailed record of all correspondences is crucial, and any agreements reached should be documented in writing. To ensure clarity, it is recommended to follow up phone calls or face-to-face discussions with an email summarizing the key points and agreed-upon terms.

When serving a notice, it is important to keep a record of the date of service. This can be done by obtaining a signed receipt from the tenant or completing Form N215: Certificate of Service. Alternatively, you can simply indicate on the notice itself that it was served by you (including your name) on the specific date. If the tenant fails to vacate the premises by the specified date, you can utilize the completed Form N215 or the notice to apply for an accelerated possession order.

By following these steps diligently, you can maintain a clear and organized process while pursuing a resolution, fostering effective communication, and ensuring compliance with legal requirements.

Following the implementation of the Private Housing (Tenancies) (Scotland) Act 2016 all new tenancies started after 1 December 2017 will be a Private Residential Tenancy.

This means that if you want to evict a tenant, you will need to give the tenant a notice to leave. This tells them the reasons you are asking them to leave and the date they should leave by. The reasons you can use are called grounds.

You must give at least 28 days’ notice if the tenant has lived in the property for six months or less, regardless of what eviction ground you are using.

If they have lived in the property for more than six months, the notice period for some grounds is still 28 days, for all others you must give 84 days’ notice.

All grounds are discretionary, which means that the First-tier Tribunal (Housing and Property Chamber) must make a decision on whether or not to grant an eviction order.

Grounds for eviction in Scotland

GROUND

DESCRIPTION

NOTICE PERIOD

Landlord intends to sell the let property

If you plan to sell the property within three months of the tenant moving out. You must be able to evidence this through a recent Home Report or letting from a solicitor or estate agent.

84 days

Let property to be sold by lender

The mortgage lender on the property has served notice to foreclose.

84 days

Landlord intends to refurbish the let property

If you want to carry out works which are too disruptive for the tenant to continue living there. Evidence could include planning permissions.

84 days

Landlord intends to live in let property

If you wish to live in the property. Evidence could be an affidavit, stating your intention signed under oath.

84 days

Landlord intends to use the let property for non-residential purpose

If you want to use the property for anything other than a home.

84 days

Let property required for religious worker

If the property is required for a member of their church i.e. a Minister of Religion.

84 days

Tenant has a relevant criminal conviction

If the tenant has been convicted of an offence including using the property, or allowing someone else to use it, for illegal reasons or committing a crime in or near the property. You must apply under this ground within a year of the conviction.

28 days

Tenant is no longer occupying the let property

If the tenant is no longer using the property as their main home, but not if they moved out because the property was unsafe due to disrepair.

28 days

Landlord’s family member intends to live in the let property

If a family member intends to live in the property for at least three months.

84 days

Tenant no longer needs supported accommodation

If the tenant moved in because they needed community care but they have now been assessed as no longer having that need.

84 days

Tenant has breached a term of the tenancy agreement

If the tenant hasn’t complied with one or more of the terms of tenancy, not including rent arrears.

28 days

The tenant has engaged in relevant antisocial behaviour

If the tenant has caused alarm, distress, nuisance, annoyance or harassment to another person. You must apply under this ground within a year of the conviction or the behaviour taking place.

28 days

Tenant has associated in the let property with someone who has a criminal conviction or is antisocial

If the tenant has allowed someone in the property to act in an antisocial way including a sub-tenant, lodger or a person the tenant lets in on more than one occasion. You must apply under this ground within a year of the conviction or the behaviour taking place.

28 days

Landlord has had their registration refused or revoked

If you have been refused or removed from the register of landlords by the local council.

84 days

Landlord’s HMO licence has been revoked

If a license for a Housing of Multiple Occupancy (HMO) has been removed, it would no longer be legal for the property to be let as a HMO.

84 days

An overcrowding statutory notice has been served on the landlord

If a overcrowding statutory notice has been served meaning that the property is so overcrowded that it is unsafe.

84 days

Tenant is in rent arrears over three consecutive months

If the tenant has been in arrears for three or more months in a row. The Tribunal will consider the facts including if delayed benefit payments have contributed to the arrears.

28 days

Tenant has stopped being, or has failed to become, an employee

If the tenant moved in under the basis of being or becoming an employee of the landlord but now is not one.

84 days