Lesson 2 – Commonly Used Eviction Grounds

Learning Objectives

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

• Understand the most commonly used eviction grounds in Scotland.
• Explain how “landlord intends to sell” works in practice.
• Understand the requirements for “landlord or family member intends to live in the property.”
• Recognise how mortgage repossession affects tenancy termination.
• Identify the evidence required to support each ground.
• Avoid common mistakes that lead to Tribunal refusals.

Introduction

While there are 18 statutory eviction grounds under the Private Residential Tenancy (PRT) system, in practice most possession cases rely on a small number of commonly used grounds.

These grounds are typically used when the landlord needs to regain possession for practical or financial reasons rather than tenant misconduct.

Because these grounds are often relied upon, they are closely scrutinised by the First-tier Tribunal (Housing and Property Chamber). This means landlords must provide clear, credible evidence to support their application.

This lesson focuses on four of the most frequently used grounds and how to apply them correctly.

1. Landlord Intends to Sell the Property

This ground allows a landlord to recover possession if they genuinely intend to sell the property on the open market.

Key Requirements

To rely on this ground, the landlord must show:

• A genuine intention to sell the property.
• Evidence that selling is realistic and not speculative.
• That the decision to sell has been made before or at the time of serving the Notice to Leave.

The Tribunal will assess whether the intention is genuine.

Acceptable Evidence

• Instructions to an estate agent.
• Property valuation reports.
• Marketing agreement or listing.
• Email correspondence with agents.
• Sales plan or board instructions.
• Evidence of financial planning or mortgage restructuring.

Common Mistakes

• Serving notice without any evidence of intent to sell.
• Delaying marketing for an extended period after eviction is sought.
• Changing intention during Tribunal proceedings.

Tribunal Focus

The Tribunal will assess:

• Whether the intention to sell is genuine and established.
• Whether the landlord is acting consistently with that intention.
• Whether the evidence supports a real and current decision to sell.

2. Landlord Intends to Live in the Property

This ground applies where the landlord intends to move into the property as their main residence.

Key Requirements

The landlord must demonstrate:

• A genuine intention to occupy the property.
• That the property will become their principal home.
• That the intention exists at the time of serving notice.

This is a mandatory ground, meaning that if proven, the Tribunal must grant possession.

Acceptable Evidence

• Written statement of intent.
• Notice of relocation or employment change.
• Sale or termination of current residence.
• Family or personal circumstances requiring relocation.
• Financial or housing need evidence.

Common Mistakes

• No evidence of intention beyond verbal assertion.
• Using this ground as a “pretext” for selling.
• Failure to demonstrate genuine personal occupation plans.

Tribunal Focus

The Tribunal will consider:

• Credibility of the landlord’s stated intention.
• Timing of the decision.
• Supporting evidence of relocation plans.

3. Family Member Intends to Live in the Property

This ground allows possession where a specified family member intends to occupy the property as their main residence.

Key Requirements

The landlord must show:

• A qualifying family relationship under the legislation.
• A genuine intention for the family member to live in the property.
• That the property will be the family member’s principal home.

Qualifying Family Members May Include:

• Spouse or civil partner.
• Partner living as part of a couple.
• Parent or child (depending on statutory definitions).
• Other qualifying relatives as defined in legislation.

Acceptable Evidence

• Statement from the family member.
• Proof of housing need (e.g. relocation, divorce, employment).
• Current housing arrangements.
• Supporting correspondence or declarations.

Common Mistakes

• Weak or unsupported claims of intention.
• Family member is not actually planning to move.
• Lack of clarity about relationship eligibility.

Tribunal Focus

The Tribunal will assess:

• Whether the family member qualifies under the law.
• Whether the intention is genuine and immediate.
• Whether the evidence supports actual occupation plans.

4. Mortgage Repossession

This ground applies where a lender has taken steps to repossess the property due to mortgage default.

Key Requirements

The landlord must show:

• The mortgage lender has initiated repossession proceedings.
• That possession is required to comply with lender instructions.
• That the tenancy cannot continue due to legal enforcement.

This is a mandatory ground in most cases where properly evidenced.

Acceptable Evidence

• Court orders from the lender.
• Notices of repossession or possession action.
• Correspondence from the mortgage provider.
• Legal documentation confirming enforcement action.

Common Mistakes

• Relying on informal lender discussions.
• Acting before formal repossession action begins.
• Lack of clear legal documentation.

Tribunal Focus

The Tribunal will consider:

• Whether a repossession action is legally underway.
• Whether the landlord has provided sufficient proof.
• Whether eviction is necessary due to lender enforcement.

Comparing These Grounds

These four grounds share a common feature: they rely on the landlord’s or lender’s intention rather than tenant wrongdoing.

However:

• “Sell” and “live in property” grounds require strong proof of genuine intent.
• Family member occupation requires both relationship proof and intent.
• Mortgage repossession relies heavily on external legal enforcement.

Because these grounds are often used, Tribunals carefully assess credibility and supporting documentation.

Practical Example

A landlord wishes to sell a rental property but has not yet instructed an estate agent.

If they serve a Notice to Leave without evidence, the Tribunal may question:

• Whether the intention to sell is genuine.
• Whether the decision was made in advance of notice.
• Whether the landlord is simply seeking vacant possession without intent to sell.

If instead the landlord provides:

• Estate agent instruction.
• Valuation report.
• Marketing plan.

The application becomes significantly stronger.

Best Practice Guidelines

To successfully rely on these grounds:

• Ensure intention exists before serving notice.
• Gather written evidence early.
• Act consistently with the stated reason.
• Avoid changing your reason during proceedings.
• Maintain professional documentation at every stage.
• Be prepared to demonstrate credibility at the Tribunal.

Lesson Summary

In this lesson, you have learned:

• The four most commonly used eviction grounds in Scotland.
• How “sell,” “live in property,” “family member occupation,” and “mortgage repossession” work.
• The type of evidence required for each ground.
• How the Tribunal assesses intention-based eviction grounds.
• Common mistakes that can lead to refusal of possession applications.

These grounds form the basis of many possession cases in Scotland and require careful preparation and strong evidence. In the next lesson, you will examine tenant breach-based grounds, including rent arrears, antisocial behaviour, and property damage.