Understanding the Eviction Process

As a landlord in Scotland, understanding the correct legal process for evicting a tenant is essential to protect both your property and your investment. At Buchanan Residential, we work with landlords every step of the way to ensure compliance with the law, while also safeguarding the landlord-tenant relationship. If you’re considering eviction, here’s what you need to know about the process under a Private Residential Tenancy (PRT).

What is a Private Residential Tenancy?

If your tenants moved into your property on or after 1 December 2017, their lease will fall under the Private Residential Tenancy system. This offers tenants greater security, meaning landlords must follow strict guidelines when seeking eviction. You can only ask your tenant to leave for specific legal reasons, called grounds for eviction.

Serving a Valid Eviction Notice

Evicting a tenant isn’t as simple as asking them to move out. You are legally required to serve a valid notice to leave using the correct form, and it must include:

• The eviction ground(s) you are using
• The date when the notice period ends, after which you can apply to the tribunal for an eviction order

Make sure you deliver the notice through one of the following methods:

• Recorded delivery by post
• In person
• Email, if your tenancy agreement allows for this

At Buchanan Residential, we can assist with preparing and serving the correct legal documents to ensure everything is in order.

Common Grounds for Eviction

Landlords can only evict tenants based on specific, legally defined grounds. Here are some common reasons you may use:

• Selling the Property: If you intend to sell the property, you can issue a notice to leave.
• You need to live in the Property: If you plan to move in, this is a valid reason for eviction.
• Rent Arrears: If your tenant has not kept up with rent payments, you can begin eviction proceedings.
• Breach of Tenancy Agreement: If the tenant has broken the terms of the lease, such as subletting without permission, you can serve a notice.
• Antisocial Behaviour: Criminal convictions or antisocial behaviour are grounds for eviction.

Before taking action, consider seeking advice to ensure the ground(s) you intend to use are valid. We at Buchanan Residential can help you determine the best course of action.

Notice Periods

The notice period you must give your tenant varies depending on how long they have lived at the property and the eviction ground. It’s important to get this right because using an incorrect notice period can invalidate the entire eviction process.

For example, eviction based on rent arrears typically requires a 28-day notice period, while other grounds like selling the property may require a longer notice. If you’re unsure, let us guide you through this to avoid any unnecessary delays.

Applying for an Eviction Order

If your tenant doesn’t leave by the date specified in the notice to leave, you will need to apply for an eviction order from the First-tier Tribunal (Housing and Property Chamber). The tribunal will review the case and decide if the eviction is justified and reasonable.

Remember, it is illegal to force a tenant out without an eviction order, so always ensure the proper steps are followed. This process can take around two months or more, depending on how busy the tribunal is, so make sure to factor this timeline into your plans.

Validating Your Notice

Your notice must be completed accurately to avoid being challenged by the tenant. If a tenant feels that the grounds for eviction are false or that the notice isn’t valid, they can take the matter to the tribunal. This could delay the process and create more complications.

If your tenant stays in the property after the eviction notice has expired and the tribunal process begins, they are entitled to stay until the tribunal makes a final decision. During this time, they may ask the tribunal to delay or stop the eviction altogether.

Avoiding Common Pitfalls

Many landlords face challenges when evicting tenants due to administrative errors or incomplete information. Here’s how to avoid some of the most common mistakes:

• Use the correct notice form and ensure it is delivered appropriately.
• Ensure the grounds for eviction are valid and match the reality of the situation.
• Give the appropriate notice period based on the circumstances.

We strongly recommend working with experienced letting agents like Buchanan Residential to ensure the process is handled legally and efficiently.

Dealing with Disputes

In some cases, tenants may challenge the eviction if they believe the grounds are false or that the process has not been followed properly. They may also seek compensation if an eviction order is granted based on misleading information. As a landlord, it’s crucial to keep detailed records of communication and decisions related to the tenancy and eviction.

Conclusion: Staying Compliant and Protecting Your Property

The eviction process under a Private Residential Tenancy in Scotland can seem complex, but with the right support, it can be managed smoothly. As a landlord, following the correct legal process is not only a requirement, it also helps maintain a professional relationship with your tenants and protects your investment from legal disputes.

At Buchanan Residential, we provide expert advice and guidance on all aspects of property letting, including handling the eviction process. If you’re considering evicting a tenant, contact us today to ensure the process is handled properly and efficiently, minimizing stress and avoiding costly delays.

Buchanan Residential—Your trusted partner in property management and letting in Scotland.