Lesson 3 – Tenant Breach Grounds

Learning Objectives

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

• Understand the main eviction grounds based on tenant misconduct or breach.
• Explain how rent arrears are assessed under Scottish tenancy law.
• Recognise how criminal behaviour and antisocial behaviour can justify eviction.
• Understand what constitutes a breach of the tenancy agreement.
• Identify the evidence required for each breach-based ground.
• Understand how the First-tier Tribunal evaluates reasonableness in discretionary cases.

Introduction

Tenant breach grounds form a significant part of possession proceedings in Scotland under the Private Residential Tenancy (PRT) system. Unlike intention-based grounds, these are based on the tenant’s conduct during the tenancy.

These grounds are usually discretionary, meaning the First-tier Tribunal (Housing and Property Chamber) must decide not only whether the ground is proven but also whether it is reasonable to grant eviction.

Because of this, strong evidence and proper case preparation are essential.

This lesson covers the most common breach-based eviction grounds: rent arrears, criminal behaviour, antisocial behaviour, and breach of tenancy agreement.

1. Rent Arrears

Rent arrears are one of the most common reasons landlords seek possession.

Under the PRT system, there are different rent arrears grounds depending on the level and duration of arrears.

Key Principles

The Tribunal will consider:

• The level of arrears.
• The duration of non-payment.
• The tenant’s financial circumstances.
• Any payment plans or efforts to reduce arrears?

Mandatory vs Discretionary Elements

• Some rent arrears grounds can be mandatory if strict thresholds are met.
• Others are discretionary, meaning the Tribunal must consider reasonableness.

Evidence Required

• Rent ledger showing payments and arrears history.
• Tenancy agreement specifying rent terms.
• Bank statements (if relevant).
• Communication records with the tenant.
• Payment plans or arrears agreements.

Common Issues

• Inaccurate rent records.
• Failure to account for partial payments.
• Lack of evidence showing arrears progression.
• Ignoring tenant hardship circumstances.

Tribunal Focus

The Tribunal will assess:

• Whether arrears are proven.
• Whether the arrears threshold is met.
• Whether it is reasonable to grant eviction.

2. Criminal Behaviour

Criminal behaviour by a tenant or within the property can be a serious ground for eviction.

This may include:

• Use of the property for illegal activities.
• Drug-related activity.
• Violence or threats.
• Criminal damage.

Key Requirements

The landlord must demonstrate:

• That criminal activity has occurred.
• That it is connected to the tenant or the property.
• That there is sufficient evidence to support the allegation.

Evidence Required

• Police reports or crime reference numbers.
• Witness statements.
• Fixed penalty notices or court outcomes (if available).
• CCTV evidence (where lawful).
• Neighbour complaints with supporting detail.

Important Considerations

• A criminal conviction is not always required.
• The Tribunal will assess evidence on the balance of probabilities.
• Allegations alone are not sufficient.

Tribunal Focus

The Tribunal will consider:

• Credibility of evidence.
• Severity and frequency of behaviour.
• Impact on neighbours and community safety.

3. Antisocial Behaviour

Antisocial behaviour is one of the most commonly used discretionary eviction grounds.

It includes behaviour that causes:

• Alarm.
• Distress.
• Nuisance to neighbours or the community.

Examples of Antisocial Behaviour

• Excessive noise.
• Verbal abuse or threats.
• Harassment of neighbours.
• Property damage.
• Drug use affecting neighbours.
• Persistent nuisance behaviour.

Key Requirements

The landlord must show:

• A pattern of behaviour (not usually a single incident).
• Evidence linking the behaviour to the tenant or occupants.
• Impact on others.

Evidence Required

• Neighbour complaints (written).
• Police involvement or incident logs.
• Housing officer reports.
• Witness statements.
• Diary logs of incidents.
• Warning letters were issued to the tenant.

Tribunal Focus

The Tribunal will assess:

• Whether behaviour is proven.
• Whether it is persistent or serious.
• Whether eviction is reasonable and proportionate.

4. Breach of Tenancy Agreement

A breach of tenancy agreement occurs when a tenant fails to comply with the contractual terms of their tenancy.

Common Examples

• Subletting without permission.
• Keeping pets where prohibited.
• Using the property for business purposes.
• Allowing unauthorised occupants.
• Failing to maintain cleanliness causes damage.
• Refusing reasonable access for inspections or repairs.

Key Requirements

The landlord must show:

• A clear clause in the tenancy agreement.
• The clause has been breached.
• That the breach is significant enough to justify action.

Evidence Required

• Copy of tenancy agreement.
• Inspection reports.
• Photographs.
• Witness statements.
• Communication records with the tenant.
• Warning letters or breach notices.

Tribunal Focus

The Tribunal will consider:

• Whether a breach actually occurred.
• Whether the breach is material or minor.
• Whether eviction is reasonable.

Mandatory vs Discretionary Nature

Most tenant breach grounds are discretionary.

This means:

• The Tribunal must first decide if the breach is proven.
• Then decide whether it is reasonable to grant eviction.

Even where breaches are proven, eviction is not automatic.

The Tribunal may consider:

• Tenant circumstances.
• Efforts to resolve the issue.
• Severity and impact of the breach.

Common Mistakes Landlords Make

• Relying on weak or unverified allegations.
• Failing to keep proper records of incidents.
• Not issuing warnings before taking legal action.
• Using eviction for minor or technical breaches.
• Lack of consistent evidence over time.

These mistakes often result in refused applications or delays.

Practical Example

A tenant repeatedly plays loud music late at night, leading to neighbour complaints and police attendance on two occasions.

A strong case would include:

• Written neighbour complaints.
• Police incident numbers.
• Diary logs of incidents.
• Warning letters were issued to the tenant.
• Evidence of continued behaviour.

A weak case would rely solely on verbal complaints without documentation.

Best Practice Guidelines

To successfully rely on tenant breach grounds:

• Keep detailed records from the first incident.
• Gather independent evidence where possible.
• Issue written warnings early.
• Build a pattern of behaviour rather than relying on one incident.
• Maintain professional communication at all times.
• Ensure evidence is clear, dated, and organised.

Lesson Summary

In this lesson, you have learned:

• The main tenant breach eviction grounds in Scotland.
• How rent arrears, criminal behaviour, antisocial behaviour, and tenancy breaches are assessed.
• The importance of evidence in discretionary eviction cases.
• How the First-tier Tribunal evaluates seriousness and reasonableness.
• Common mistakes that weaken possession applications.

Tenant breach grounds require careful documentation and strong evidence. In the next lesson, you will learn how to correctly serve a Notice to Leave, ensuring compliance with all legal requirements before proceeding to the Tribunal.