Lesson 2 – Landlord Ending the Tenancy

Lesson Overview

Under a Private Residential Tenancy (PRT) in Scotland, a landlord cannot simply end a tenancy without a valid legal reason. Instead, the landlord must rely on one or more of the statutory eviction grounds set out in legislation.

There are 18 eviction grounds, and each case must be supported by appropriate evidence. Some grounds are mandatory (where the Tribunal must grant eviction if proven), while others are discretionary (where the Tribunal decides whether it is reasonable to grant eviction).

This lesson explains the eviction grounds framework, the difference between mandatory and discretionary grounds, the evidence required, and the correct notice periods.

Learning Objectives

By the end of this lesson, you will be able to:

• Understand the 18 statutory eviction grounds under a PRT.
• Distinguish between mandatory and discretionary eviction grounds.
• Identify the evidence required to support an eviction application.
• Understand the notice periods required before applying to the Tribunal.
• Follow lawful procedures for ending a tenancy as a landlord.

Overview of Landlord Termination of a PRT

A Private Residential Tenancy is designed to provide tenants with security of tenure. This means:

• Tenancies are open-ended.
• Landlords must use legal grounds to end the tenancy.
• Eviction must be approved by the First-tier Tribunal (Housing and Property Chamber).

Landlords must always follow the correct legal process to avoid unlawful eviction claims.

The 18 Eviction Grounds

The law provides 18 specific grounds under which a landlord may seek to recover possession of the property.

These grounds generally fall into categories such as:

• Landlord or family requiring the property.
• Sale of the property.
• Tenant conduct issues.
• Breach of tenancy obligations.
• Non-payment of rent.
• Use of property for unlawful purposes.
• Property redevelopment or refurbishment.
• Licence or regulatory issues affecting letting.

Each ground has specific legal requirements and must be clearly proven.

Landlords must select the most appropriate ground(s) based on the circumstances of the case.

Mandatory vs Discretionary Grounds

Eviction grounds are divided into two categories:

Mandatory Grounds

If a mandatory ground is proven, the Tribunal must grant eviction.

This means:

• The Tribunal has no discretion to refuse eviction if the evidence supports the ground.
• The landlord must still follow the correct procedure and provide evidence.

Examples typically include:

• Certain serious breaches, such as repeated rent arrears, meet legal thresholds.
• Specific statutory conditions where the law requires eviction.

Discretionary Grounds

If a discretionary ground is used:

• The Tribunal decides whether it is reasonable to grant eviction.
• Even if the ground is proven, eviction may still be refused.

The Tribunal will consider factors such as:

• The tenant’s circumstances.
• The landlord’s reasons.
• The proportionality of eviction.
• Any mitigating factors?

Discretionary grounds require stronger supporting evidence and careful presentation.

Evidence Required

Evidence is essential in all eviction cases.

Without sufficient evidence, the Tribunal is unlikely to grant an eviction order.

Common Types of Evidence

Depending on the ground relied upon, evidence may include:

• Rent payment records.
• Tenancy agreement.
• Communication records (emails, letters, messages).
• Inspection reports.
• Photographs of property condition or damage.
• Witness statements.
• Notices served on the tenant.
• Proof of landlord intention (e.g. intention to sell or move in).

Quality of Evidence

Good evidence should be:

• Clear and factual.
• Dated and organised.
• Relevant to the eviction ground.
• Consistently maintained.

Landlords should avoid relying on verbal statements alone.

Notice Periods

Before applying to the First-tier Tribunal, landlords must serve the correct eviction notice.

The notice period depends on:

• The eviction ground is being used.
• The length of time the tenant has lived in the property.
• The circumstances of the case.

Key Principles

• The notice must be in writing.
• The correct statutory form must be used.
• The tenant must be given the full notice period before an application is made.
• The Tribunal will reject cases where notice requirements are not met.

Importance of Correct Notice

Failure to provide correct notice can result in:

• Delay or dismissal of Tribunal applications.
• Additional costs.
• Requirement to restart the process.

Preparing for an Eviction Application

Before applying to the Tribunal, landlords should:

• Confirm the correct eviction ground(s).
• Gather all supporting evidence.
• Ensure notice has been served correctly.
• Keep copies of all documentation.
• Ensure compliance with all legal requirements.

A well-prepared application increases the likelihood of a successful outcome.

Tribunal Decision-Making

When reviewing an eviction application, the Tribunal will consider:

• Whether the eviction ground is proven.
• Whether correct procedures were followed.
• The strength of the evidence.
• Whether eviction is reasonable (for discretionary grounds).
• The overall fairness of the case.

The Tribunal may:

• Grant an eviction order.
• Refuse the application.
• Request additional evidence or clarification.

Common Mistakes to Avoid

Landlords often make the following errors:

• Using the wrong eviction ground.
• Insufficient evidence.
• Incorrect notice periods.
• Poor documentation.
• Attempting eviction without Tribunal approval.
• Failing to follow procedural requirements.

Avoiding these mistakes is essential for a successful application.

Best Practice Tips

Professional landlords should:

• Select the most appropriate eviction ground carefully.
• Keep detailed and organised records throughout the tenancy.
• Serve notices correctly and retain proof.
• Collect evidence early and consistently.
• Seek legal advice for complex cases.
• Treat eviction as a last resort where possible.

Key Takeaways

• A landlord can only end a PRT using one or more of the 18 statutory eviction grounds.
• Eviction grounds are either mandatory (must be granted if proven) or discretionary (subject to Tribunal judgment).
• Strong, relevant evidence is essential for a successful eviction application.
• Correct notice periods and procedures must be followed before applying to the Tribunal.
• The First-tier Tribunal makes the final decision on eviction.
• Careful preparation and compliance with legal requirements are critical.

Knowledge Check

1. How many statutory eviction grounds are there under a PRT?

A. 10
B. 12
C. 18 ✅
D. 20

2. What happens if a mandatory eviction ground is proven?

A. The Tribunal may still refuse eviction
B. The landlord must reapply
C. The Tribunal must grant eviction
D. The tenant automatically wins the case

3. What does a discretionary eviction ground mean?

A. Eviction is automatic
B. The landlord decides the outcome
C. The Tribunal decides whether eviction is reasonable
D. No evidence is required

4. Why is evidence important in eviction cases?

A. To increase rent
B. To delay proceedings
C. To prove the eviction ground to the Tribunal
D. To avoid inspections

5. What must landlords do before applying to the Tribunal?

A. Change the locks
B. Remove tenant belongings
C. Serve correct notice and gather supporting evidence
D. Increase rent immediately