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We Serve Legal Notice to Tenants For Landlords

In Scotland, the laws regarding notices to leave are governed by the Private Housing (Tenancies) (Scotland) Act 2016, which introduced the Private Residential Tenancy (PRT) system. The PRT replaced previous tenancy types like the Short Assured Tenancy and Assured Tenancy. Here are the key aspects of the Notice to Leave under Scottish law:

Grounds for Issuing a Notice to Leave

A landlord can issue a Notice to Leave based on 18 specific grounds, which are broadly categorized into mandatory and discretionary grounds. Some common grounds include:

Landlord intends to sell the property.
Landlord intends to refurbish the property.
Landlord or family member intends to live in the property.
Tenant is in rent arrears.
Tenant has engaged in antisocial behavior.
Tenant has breached the tenancy agreement.

Notice Periods

The required notice period varies depending on the length of the tenancy and the ground for eviction:

28 Days

If the tenant has lived in the property for six months or less , or if the tenant has breached the tenancy agreement (e.g., rent arrears or antisocial behavior).

84 Days

If the tenant has lived in the property for more than six months and the eviction is based on non-fault grounds (e.g., landlord intends to sell or move in).

Format and Content of the Notice to Leave

The Notice to Leave must include:

The grounds for the notice.
The date on which the notice is served.
The date by which the tenant must leave. Information about the tenant's rights and how to challenge the notice if they believe it is not valid.

Serving the Notice

The notice can be delivered by hand, by post, or electronically (if the tenant has agreed to receive notices electronically).

Tenant's Rights and Tribunal

Tenants have the right to challenge the Notice to Leave if they believe it does not meet the legal requirements or if they dispute the grounds. Disputes can be taken to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Additional Considerations

Model Notice:
The Scottish Government provides a model Notice to Leave that landlords can use to ensure they meet all legal requirements.
Grounds of Jurisdiction:
If the tenant does not leave by the specified date, the landlord must apply to the First-tier Tribunal for an eviction order.

These rules are designed to protect both landlords and tenants, ensuring fair treatment and clarity in the termination of tenancies.