Lesson 2 – Completing the Notice Correctly

Learning Objectives

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

• Understand all required information that must be included in a Notice to Leave.
• Learn how to correctly reference eviction grounds within the notice.
• Understand how supporting evidence strengthens a Notice to Leave.
• Recognise when and how multiple eviction grounds can be used.
• Apply best practices to ensure notices are legally valid and Tribunal-ready.

Introduction

A Notice to Leave is one of the most important documents in the Scottish eviction process. Under the Private Residential Tenancy (PRT) system, it is not enough to simply state that a tenant must leave. The notice must comply with strict legal requirements and clearly set out the basis for seeking possession.

Errors in the Notice to Leave are one of the most common reasons for delays or failure in Tribunal proceedings. Even where a valid eviction reason exists, a poorly completed notice can undermine the entire case.

This lesson explains how to complete the Notice to Leave correctly and professionally.

Required Information in a Notice to Leave

A valid Notice to Leave must include specific statutory information.

1. Tenant and Property Details

• Full name(s) of tenant(s).
• Full address of the rented property.
• Any relevant tenancy reference number.

2. Landlord Details

• Landlord name and contact address.
• Letting agent details (if applicable).

3. Eviction Ground(s)

The notice must clearly state:

• The specific eviction ground or grounds being relied upon.
• The legal basis under the Private Residential Tenancy legislation.

4. Explanation of Facts

The landlord must explain:

• Why does the eviction ground apply?
• The factual circumstances supporting it.

This should be clear, factual, and not vague or generic.

5. Tribunal Application Date

The notice must specify:

• The earliest date the landlord can apply to the First-tier Tribunal.

This date is legally important and must be calculated correctly.

6. Tenant Information

The notice must include information advising tenants of their rights, including:

• Their right to challenge the eviction.
• Access to advice services.
• Tribunal contact information (where required).

Supporting Evidence

Although not always physically attached to the Notice to Leave, supporting evidence is critical for validating the eviction ground.

Evidence should exist at the time of serving notice and may include:

Rent Arrears Cases

• Rent ledger.
• Payment history.
• Bank statements.
• Arrears breakdown.

Property Sale Grounds

• Estate agent instruction.
• Property valuation.
• Marketing plan.
• Sales correspondence.

Landlord or Family Occupation

• Written statement of intent.
• Proof of relocation.
• Employment or housing change evidence.

Antisocial or Criminal Behaviour

• Police reports.
• Witness statements.
• Neighbour complaints.
• Incident logs.

Breach of Tenancy

• Tenancy agreement clauses.
• Photographs.
• Inspection reports.
• Warning letters.

Even if not submitted with the Notice to Leave, this evidence must be available for the Tribunal application stage.

Multiple Eviction Grounds

In some cases, a landlord may rely on more than one eviction ground.

When to Use Multiple Grounds

Multiple grounds may be appropriate when:

• The facts support more than one legal basis.
• There is uncertainty about which ground will be strongest.
• A combination of issues exists (e.g. rent arrears and antisocial behaviour).

How to Use Multiple Grounds Correctly

• Each ground must be clearly stated.
• Each ground must be separately supported by facts.
• Evidence must match each ground.
• The notice must remain clear and not confusing.

Risks of Using Multiple Grounds

• Inconsistency between grounds.
• Weakening the overall credibility of the case.
• Tribunal confusion if evidence is unclear.
• Increased scrutiny from decision-makers.

Multiple grounds should only be used where justified and properly evidenced.

Best Practice for Completing a Notice to Leave

To ensure compliance and reduce the risk of failure, landlords should follow best practice principles:

1. Accuracy First

• Double-check all names, addresses, and dates.
• Ensure tenancy details are correct.
• Use the correct legal version of the form.

2. Clear and Factual Language

• Avoid emotional or subjective language.
• Stick to facts and evidence.
• Clearly explain why the ground applies.

3. Match Evidence to Grounds

• Ensure each eviction ground is supported.
• Do not rely on assumptions or verbal claims.
• Keep records organised and dated.

4. Correct Date Calculation

• Calculate Tribunal application date carefully.
• Ensure notice period compliance.
• Allow for service time.

5. Consistency Across Documents

• Ensure Notice to Leave matches the Tribunal application.
• Avoid changing grounds later without justification.
• Maintain consistency in evidence and reasoning.

6. Proof of Service

• Always retain evidence that notice was served.
• Use reliable delivery methods.
• Record date and method of service.

Common Mistakes

Many Notices to Leave fail due to avoidable errors:

• Missing or incorrect eviction grounds.
• Incorrect Tribunal application date.
• Vague or unsupported explanations.
• Failure to align evidence with grounds.
• Using outdated forms.
• Poor or missing proof of service.
• Inconsistent reasoning between notice and application.

These mistakes often lead to Tribunal delays or outright refusal.

Practical Example

A landlord serves a Notice to Leave based on rent arrears but fails to include a detailed rent ledger or breakdown of arrears.

At the Tribunal stage, the tenant disputes the arrears amount.

The Tribunal may:

• Request further evidence.
• Delay the hearing.
• Or refuse the application if the case is not proven.

If the landlord had included a clear rent schedule and documented arrears history from the outset, the case would be significantly stronger.

Tribunal Perspective

The First-tier Tribunal will assess:

• Whether the Notice to Leave is legally valid.
• Whether it clearly explains the eviction grounds.
• Whether dates and procedures are correct.
• Whether the landlord’s reasoning is consistent and credible.

A well-prepared Notice to Leave strengthens the entire possession case.

Lesson Summary

In this lesson, you have learned:

• The required legal information in a Notice to Leave.
• How to correctly reference and support eviction grounds.
• The importance of having evidence ready before serving notice.
• When and how multiple eviction grounds can be used.
• Best practice principles for completing a valid Notice to Leave.
• Common mistakes that can undermine possession cases.

A correctly completed Notice to Leave is essential for a successful eviction process. In the next lesson, you will learn how to properly serve the Notice and ensure legal proof of delivery.