The following provides a summary of the grounds for obtaining possession of a property let using an assured or a short assured tenancy agreement under s 18 of the Housing (Scotland) Act 1988.
For initial steps to take if the tenant falls into rent arrears, see Rent arrears.
For a summary of the grounds for possession, see Overview – Recovering possession in Scotland.
Rent arrears is the most commonly used of the statutory grounds; the procedure to regain possession, however, is the same whether you're relying on rent arrears or any other ground.
Whichever way you seek possession, you must first serve legal notices on the tenant to give them notice of the intended date and the ground(s) to regain possession; you must do this before you can apply to the First-tier Tribunal for an eviction order. A notice to quit and an AT6 form – Notice of Intention to raise Proceedings are required.
This is a summary of the grounds under the Housing (Scotland) Act 1988 for seeking and obtaining possession for properties let as assured and short assured tenancies. For types of tenancy, see Types of tenancy (Scotland).
Some of the grounds required you to give the tenant written notice before the tenancy started, warning them that you may seek possession of your property using it. Grounds 2, 8, 11 to 14 and 16 must have been included in the tenancy agreement.
All of the grounds are discretionary, meaning it's up to the Tribunal whether or not the tenant is evicted in light of all the circumstances.
Ground | When you can use this ground |
---|---|
1: |
You require the property for use as your or your spouse's principal home and you must have:
This ground should be set out in a clause of the tenancy agreement. |
2: |
You have granted a mortgage over the property to a lender and that lender is now repossessing the property with a view to selling it, and:
This ground must be set out in a clause of the tenancy agreement. |
3: |
You let the property under a tenancy for a specified period not exceeding eight months and:
This ground should be set out in a clause of the tenancy agreement. |
4: |
You let the property under a tenancy for a period of 12 months or less and:
This ground should be set out in a clause of the tenancy agreement. |
5: |
Your property is held for the purpose of being available for a minister or any religious preacher to perform their work and is now required for occupation by them and:
This ground should be set out in a clause of the tenancy agreement if appropriate. |
6: |
You require possession of your property as you intend to demolish or reconstruct the whole, or a substantial part of it, or carry out substantially works to it and:
This ground should be set out in a clause of the tenancy agreement. |
7: |
A new tenant has inherited the tenancy of the property under a will or by intestacy (where no will or valid will is left) following the death of the original tenant and:
This ground should be set out in a clause of the tenancy agreement. |
8: |
You are lawfully owed at least 3 months' rent from the tenant both:
This ground must be set out in a clause of the tenancy agreement. |
9: |
Suitable alternative accommodation is, or will be available, for the tenant when the order for possession takes effect. This ground should be set out in a clause of the tenancy agreement. |
10: |
You require possession of your property and all of these conditions have been met:
This ground should be set out in a clause of the tenancy agreement. |
11: |
Even though there aren't any rent arrears on the date when proceedings for possession began, the tenant has persistently delayed paying the lawfully due rent. This ground must be set out in a clause of the tenancy agreement. |
12: |
Some lawfully due rent is remains unpaid from the tenant:
This ground must be set out in a clause of the tenancy agreement. |
13: |
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed by the tenant. This ground must be set out in a clause of the tenancy agreement. |
14: |
The tenant (or any person living with them) or any sub-tenant has allowed or caused damage to the property or its common (shared) parts and the property's condition has deteriorated. This ground must be set out in a clause of the tenancy agreement. |
15: |
The tenant, or a person living at the property, has either been:
This ground should be set out in a clause of the tenancy agreement. |
16: |
The tenant (or any person living with them) has allowed or caused damage to the furniture provided for use under the tenancy and its condition has deteriorated. This ground must be set out in a clause of the tenancy agreement. |
17: |
You require possession of your property from the tenant as:
This ground should be set out in a clause of the tenancy agreement if appropriate. |
Grounds 10 and 16 require you to pay the tenant's reasonable removal costs.