A Guide To Scotland’s Eviction & Tenancy Laws

Becoming familiar with the ins and outs of tenancy law in Scotland can be tough for both landlords and tenants, but it’s equally important to know your rights and responsibilities in order to uphold compliance and maintain a pleasant landlord-tenant relationship.

At DJP Solicitors, based in Aberdeen, we specialise in providing expert legal advice for landlords and tenants, assisting with tenant disputes, eviction advice and all other facets of eviction law. This comprehensive guide aims to shed light on Scotland's eviction and tenancy laws, offering clarity and direction for those involved in rental agreements.

Tenancy Agreements in Scotland

In Scotland, the type of tenancy agreement dictates the legal framework governing the landlord-tenant relationship. The most prevalent form is the Private Residential Tenancy (PRT), introduced on 1 December 2017. This replaced previous tenancy types for new agreements and offered tenants more security and simplified procedures.

Key Features of PRT

●      Open-Ended Tenancy: There is no fixed end date; tenants can remain in the property indefinitely unless specific grounds for eviction apply.​

●      Rent Increases: Landlords can increase rent no more than once every 12 months, with at least three months' written notice.​

●      Simplified Notices: The 'Notice to Leave' process is standardised, making it clearer for both parties.​

Understanding the specifics of your tenancy agreement is essential, as this will help you determine if the terms of the contract are all fair and legal. If you're uncertain about your tenancy type or its implications, seeking legal advice is recommended.

Grounds for Eviction

Under the PRT system, landlords can only evict tenants based on specific grounds outlined in legislation. These grounds are categorised into mandatory and discretionary:​

Mandatory Grounds

If proven, the tribunal must grant an eviction order. Examples include:​

●      The landlord intends to sell the property.​

●      The landlord or a family member intends to live in the property.​

The tenant has been in rent arrears for three or more consecutive months.

Discretionary Grounds

Even if proven, the tribunal has discretion over granting an eviction. Examples include:​

●      The tenant has breached the tenancy agreement.​

●      The tenant has engaged in antisocial behaviour.​

It's important for landlords to follow the correct legal procedures and provide relevant evidence when seeking eviction. Tenants have the right to challenge eviction notices they believe are unjust.

The Eviction Process

Notice to Leave

Landlords must issue a written 'Notice to Leave' to the tenant, specifying the eviction ground and the date by which the tenant should leave. The notice period varies depending on the ground for eviction and the duration of the tenancy.​

Application to the First-tier Tribunal

If the tenant does not vacate by the specified date, the landlord can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.​

Tribunal Hearing

Both parties will have the opportunity to present their case. The tribunal will assess the evidence and decide whether to grant the eviction order.​

Throughout this process, adhering strictly to legal requirements is crucial. Any deviation can result in delays or dismissal of the eviction application.​

Temporary Legislative Changes

In response to the cost of living crisis, the Scottish Government introduced the Cost of Living (Tenant Protection) (Scotland) Act 2022, implementing temporary measures such as rent caps and eviction moratoriums. These measures expired on 31 March 2024, and as of 1 April 2024, standard eviction procedures have resumed. ​

It's advisable for both landlords and tenants to stay informed about any future legislative changes that may impact tenancy agreements and eviction processes.​

Resolving Tenant Disputes

Disputes between landlords and tenants can arise from various issues, including rent arrears, property maintenance and breaches of tenancy agreements. Effective resolution strategies include:​

●      Open Communication: Addressing issues promptly through direct dialogue can prevent misunderstandings from escalating.​

●      Mediation Services: Engaging a neutral third party can facilitate mutually acceptable solutions without resorting to legal action.​

●      Legal Intervention: When disputes cannot be resolved amicably, seeking legal advice is prudent. Legal professionals can provide guidance tailored to the specifics of the dispute.​

At DJP Solicitors, we offer expert assistance in resolving tenant disputes, making certain that our clients' rights are upheld throughout the process. ​

Legal Advice for Landlords

For landlords, understanding and complying with eviction law will help you avoid any legal pitfalls. Key considerations include:​

●      Documentation: Maintaining thorough records of all communications, agreements and transactions with tenants.​

●      Legal Compliance: Checking that all actions, especially around eviction, pertain to current legislation.​

●      Professional Guidance: Consulting with legal experts to traverse complex situations and to stay updated on legislative changes.​

Our team at DJP Solicitors provides comprehensive legal advice for landlords, guiding you through the difficult world of tenancy law and eviction procedures. ​

Legal Advice for Landlords & Tenants in Aberdeen

Getting to grips with Scotland's eviction and tenancy laws requires a clear understanding of legal obligations and rights. Whether you're a landlord looking to manage your property effectively or a tenant aiming to protect your rights, it’s important to stay informed and seek out professional legal advice when necessary.​

At DJP Solicitors, we are committed to providing expert legal support tailored to your unique circumstances. If you require assistance with tenancy law, tenant disputes, eviction advice or any related matters, don't hesitate to get in touch with our expert team.