Lesson 1 – Overview of the 18 Eviction Grounds

Learning Objectives

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

• Understand what eviction grounds are under the Private Residential Tenancy (PRT) system.
• Distinguish between mandatory and discretionary eviction grounds.
• Recognise all 18 statutory eviction grounds in Scotland.
• Understand how Tribunals assess different types of grounds.
• Select the correct eviction ground for a given situation.
• Avoid common mistakes that lead to refused applications.

Introduction

Under the Private Residential Tenancy (PRT) system in Scotland, a landlord cannot recover possession of a property without relying on one or more of the statutory eviction grounds set out in the legislation.

These grounds are the legal reasons that justify ending a tenancy. They are designed to ensure that eviction is fair, proportionate, and legally justified.

There are 18 eviction grounds in total, and choosing the correct one is one of the most important steps in the entire possession process. An incorrect or poorly evidenced ground is one of the most common reasons Tribunal applications fail.

What Are Eviction Grounds?

Eviction grounds are specific legal reasons that allow a landlord to apply to the First-tier Tribunal for an eviction order.

They ensure that a tenant can only be removed where there is a recognised legal basis for doing so.

A landlord must:

• Identify at least one valid eviction ground.
• Include it correctly in the Notice to Leave.
• Provide evidence to support it at the Tribunal.

The Tribunal will only grant possession if the ground is proven and the legal requirements are met.

Mandatory vs Discretionary Grounds

The 18 eviction grounds are divided into two categories:

Mandatory Grounds

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

This means the Tribunal has no discretion to refuse possession if the legal test is satisfied.

Mandatory grounds are generally used where:

• The landlord or property owner requires possession for a specific legal or practical reason.
• The circumstances are clearly defined in law.

Examples of mandatory grounds include:

• The landlord intends to sell the property.
• The landlord or a family member intends to live in the property.
• The property is required for religious or employment-related purposes.
• The tenant is not occupying the property as their only or principal home in certain circumstances.

Discretionary Grounds

If a discretionary ground is proven, the Tribunal must decide whether it is reasonable to grant possession.

This means the Tribunal has flexibility and will consider all circumstances before making a decision.

Discretionary grounds are typically used where:

• There is tenant misconduct or breach of tenancy.
• There are ongoing behavioural issues or rent arrears.
• The situation requires a fairness-based decision.

Examples of discretionary grounds include:

• Rent arrears.
• Antisocial behaviour.
• Breach of tenancy agreement.
• Damage to the property.
• Use of the property for illegal purposes.

Even if a discretionary ground is proven, the Tribunal may still refuse eviction if it is not reasonable.

The 18 Eviction Grounds (Overview)

The Private Residential Tenancy legislation sets out the following 18 grounds:

1. Landlord intends to sell the property (mandatory)
2. Property to be sold by lender (mandatory)
3. Landlord intends to live in the property (mandatory)
4. Family member intends to live in the property (mandatory)
5. Property required for religious workers (mandatory)
6. Property required for the minister of religion (mandatory)
7. Tenant has substantial rent arrears (mandatory or discretionary depending on circumstances)
8. Tenant has been in rent arrears for three or more consecutive months (mandatory)
9. Tenant has breached the tenancy agreement (discretionary)
10. Tenant has engaged in antisocial behaviour (discretionary)
11. Tenant has associated with antisocial individuals or criminal activity (discretionary)
12. Tenant has damaged the property (discretionary)
13. Tenant has used the property for illegal purposes (discretionary)
14. Tenant is no longer occupying the property as their principal home (mandatory/discretionary depending on facts)
15. Tenant has ceased to be a qualifying person (specific circumstances)
16. Landlord’s mortgage lender requires possession (mandatory)
17. Overcrowding or statutory breach conditions (discretionary in most cases)
18. Any other statutory ground under amended regulations or transitional provisions

(Note: Some grounds have detailed statutory definitions and evidential thresholds which will be covered in later lessons.)

Selecting the Correct Eviction Ground

Choosing the correct eviction ground is critical to the success of a Tribunal application.

When selecting a ground, landlords should consider:

1. The facts of the case

What has actually happened?

Examples:

• Has rent genuinely not been paid?
• Is the landlord truly intending to sell?
• Has antisocial behaviour been evidenced?

2. The available evidence

Can the landlord prove the grounds?

The Tribunal will not accept assumptions or unsupported claims.

3. The legal test for the ground

Each eviction ground has specific legal requirements.

For example:

• Some require notice periods to be strictly followed.
• Some require proof of intent (such as selling or moving in).
• Some require ongoing behaviour or repeated breaches.

4. Whether the ground is mandatory or discretionary

This affects the outcome:

• Mandatory ground → Tribunal must grant possession if proven.
• Discretionary ground → Tribunal decides if eviction is reasonable.

Common Mistakes When Selecting Grounds

Many applications fail due to incorrect selection of eviction grounds.

Common errors include:

• Using “landlord intends to sell” without genuine intention or evidence.
• Using rent arrears grounds where payment history does not meet the threshold.
• Selecting multiple inconsistent grounds.
• Failing to match evidence to the chosen ground.
• Misunderstanding discretionary grounds and assuming automatic eviction.

These mistakes can lead to:

• Delayed hearings.
• Additional Tribunal requests.
• Refusal of eviction applications.

Practical Example

Scenario: Rent arrears

A tenant has not paid rent for four months.

The landlord may consider:

• Ground 8 (rent arrears of three or more consecutive months – mandatory where criteria met)
• Or Ground 7 (other rent arrears – discretionary depending on circumstances)

The landlord must decide:

• Is the arrears level sufficient for a mandatory ground?
• Can the arrears be proven with clear rent records?
• Is there any dispute about payments or financial hardship?

Selecting the correct ground ensures the application is legally strong and properly supported.

Tribunal Approach

The First-tier Tribunal will:

• Examine whether the correct ground has been applied.
• Assess whether the evidence supports the ground.
• Determine whether legal thresholds have been met.
• For discretionary grounds, decide whether eviction is reasonable.

Even strong evidence will fail if the wrong ground is used.

Best Practice Guidelines

To improve success rates, landlords should:

• Always match the eviction ground to the facts.
• Keep detailed rent and tenancy records.
• Avoid guessing or selecting grounds without evidence.
• Review statutory definitions before serving notice.
• Seek legal clarity where multiple grounds may apply.
• Ensure consistency between the Notice to Leave and the Tribunal application.

Lesson Summary

In this lesson, you have learned:

• The meaning of eviction grounds in Scottish tenancy law.
• The difference between mandatory and discretionary grounds.
• An overview of all 18 statutory eviction grounds.
• How Tribunals treat mandatory and discretionary cases differently.
• How to correctly select the most appropriate eviction ground.
• Common mistakes that can lead to failed applications.

Understanding eviction grounds is essential to successfully navigating the possession process. In the next lesson, you will explore in detail how to correctly serve a Notice to Leave, ensuring compliance with all legal requirements before proceeding to the Tribunal stage.