The eviction moratorium
On 6 September 2022 the Scottish government introduced a moratorium (ie a pause) on the enforcement of evictions in Scotland in response to the cost of living crisis. This applies differently to different grounds for eviction and also introduces other temporary grounds for eviction (eg related to selling or living in a property due to the landlord’s financial hardship).
Make sure you understand what this means before starting an eviction process. For more information, read Tenant eviction in Scotland FAQs and the Scottish government’s guidance.
The moratorium has been extended and is to last until at least 31 March 2024.
The property is required for another purpose
The following grounds apply when the landlord is changing the use of the building:
Ground 1: You intend to sell the property
This is a mandatory ground. You must show you’re entitled to sell the property and that you plan to put it on the market within 3 months of the tenant moving out.
Ground 2: The property is being sold by a lender
This is a mandatory ground. If you’ve defaulted on a loan, the lender can sell your property to pay off the debt.
Ground 3: You’re refurbishing the house
Another mandatory ground. The eviction will be granted if the tenant can’t live there while the work is done.
Ground 4: You intend to move into the property
A mandatory ground. Your intention must be that you plan to live there for at least 3 months. Note that where two or more people jointly own the property, any one of them will count as the landlord.
Ground 5: A family member intends to move in
This is a discretionary ground. They must plan to live there for at least 3 months.
Family members need to be related in the following ways to either the landlord or the landlord’s partner/spouse:
-
child
-
parent
-
grandparents
-
grandchild
-
sibling
-
the partner/spouse of the landlord
-
the partner/spouse of one of the family members listed above
Ground 6: You intend to use the property for non-residential purposes
A mandatory ground. You may need to show planning permission as proof.
Ground 7: You require the property for religious purposes
Another mandatory ground. This includes people of any religious denomination and can include carrying out any work connected to religious practices.
Tenant’s status grounds
These grounds apply when the tenant’s status changes:
Ground 8: The tenant is no longer an employee
A mandatory ground. This is when your tenant lived there because they were your employee, but this has changed.
Ground 9: The tenant is no longer in need of community care
A discretionary ground. Your tenant was given the tenancy because they needed community care but have been assessed as no longer needing this.
Tenant’s conduct grounds
If the eviction is based on one of these grounds the required notice period is only 28 days:
Ground 10: The tenant is no longer occupying the property
A mandatory ground. You can rely on this ground if your tenant has abandoned the property.
Ground 11: The tenant has breached the tenancy agreement
A discretionary ground. This could be down to your tenant’s behaviour but does not cover failure to pay their rent.
Ground 12: The tenant owes rent
This is a mandatory ground if rent has not been paid for 3 consecutive months and if at least 1 month’s rent is owed on the day of the hearing. If less than one month’s rent is owed it is a discretionary ground.
Ground 13: The tenant has been convicted of a criminal offence
A mandatory ground if the offence took place in the property. If it took place in the locality of the property and is an offence punishable by imprisonment, this is also a mandatory ground.
Ground 14: The tenant has acted in an anti-social manner
A discretionary ground. The behaviour must cause alarm, distress, nuisance or annoyance to others.
Ground 15: The tenant has associated with someone who has committed a criminal offence or anti-social behaviour
A discretionary ground. The tribunal will consider the type of offence or behaviour the person has been engaged in. The more serious, the more likely they will be to evict your tenant.
Legal reasons for ending the tenancy
Ground 16: You are no longer registered as a landlord
A discretionary ground. This is when your landlord’s licence has been removed or refused.
Ground 17: The HMO licence has been revoked
A discretionary ground. This ground applies when there has never been a House in Multiple Occupation (HMO) licence granted or when it has been revoked.
Ground 18: You’ve received an overcrowding statutory notice
A discretionary ground. This applies when you’ve been served with an overcrowding statutory notice.
For more information on the grounds for eviction in Scotland, Ask a lawyer and visit Shelter Scotland.
