Discretionary Grounds: Can Tribunals Refuse Eviction?

Facing an eviction notice can be frightening for renters, and in Scotland there are specific discretionary grounds tribunals consider before granting repossession. This guide explains how the tribunal evaluates factors such as the tenant’s circumstances, landlord conduct, and whether eviction is proportionate. It covers the law under the Private Housing (Tenancies) (Scotland) Act 2016, the role of the First-tier Tribunal for Scotland (Housing and Property Chamber), and the practical forms tenants may need. You will find clear examples of when a tribunal might refuse eviction, what evidence to gather, and step-by-step actions to protect your rights. The aim is to give tenants straightforward, practical advice to prepare for hearings and communicate with landlords.

What are discretionary grounds?

Discretionary grounds are reasons a landlord gives for asking for repossession where the tribunal must weigh factors rather than applying an automatic right to evict. In Scotland this assessment happens under the Private Housing (Tenancies) (Scotland) Act 2016 ^[1], which sets out the statutory grounds and the tests tribunals use to decide whether granting an eviction is reasonable.

Who decides and what do they consider?

The First-tier Tribunal for Scotland (Housing and Property Chamber) hears applications about private tenancies and decides whether eviction is reasonable. The tribunal looks at factors such as the tenant’s vulnerability, the landlord’s behaviour, alternatives to eviction, previous notices given, and proportionality. You can find application guidance and the tribunal’s process on the official tribunal website: First-tier Tribunal for Scotland (Housing and Property Chamber)^[2].

Key forms and how tenants use them

Below are the official forms and documents tenants and landlords commonly encounter. Use the tribunal and Scottish Government pages to download current versions and read official guidance.

• Notice to Leave (no single UK form number) — a landlord must serve a written Notice to Leave stating the ground for eviction; tenants should check the stated ground and deadline and keep a dated copy. Example: if you receive a Notice to Leave claiming owner-occupation, keep the notice and any communication as evidence that the landlord has not tried mediation.
• Application to the First-tier Tribunal (Housing and Property Chamber) — the landlord or tenant can submit the tribunal application form available on the tribunal website to request an order for possession or to dispute a notice; tenants may use the same application process to apply for a remedy or to present reasons why eviction should be refused.
• Evidence bundle (no formal number) — tenants should prepare documents, photos, correspondence and receipts to support their case; label each item and keep copies to submit to the tribunal and to share with the landlord where required.

How tribunals apply discretionary grounds

Tribunals consider whether eviction is a proportionate response to the landlord’s reason. Examples where a tribunal may refuse an eviction include where eviction would cause immediate homelessness for a vulnerable tenant, where a landlord has not followed correct procedure, or where there are effective, reasonable alternatives such as mediation or a short postponement to find alternative accommodation.

Common tenant-focused actions

• Gather evidence of vulnerability, medical needs, care responsibilities, or other hardship that shows eviction would be disproportionate.
• Check that the Notice to Leave includes the correct ground and has been served properly; challenge defects in service with the tribunal if needed.
• Respect deadlines for responding to letters and tribunal directions and apply for extensions early if you need more time.

FAQ

Can a tribunal refuse eviction on discretionary grounds?

Yes. If the tribunal finds eviction would be disproportionate or unfair given your circumstances, it can refuse to grant an order for possession.

What evidence helps show eviction is disproportionate?

Evidence can include medical letters, care plans, proof of school or work ties, references, receipts showing rent payments, and a rent payment history.

How long do I have to respond to a Notice to Leave?

Deadlines vary by ground and the notice; check the Notice to Leave and act quickly to seek advice and make representations to the landlord or tribunal.

How-To

1. Read the Notice to Leave and note the ground and any deadline; confirm whether the landlord followed the correct procedure.
2. Collect and organise evidence: photos, receipts, letters from health professionals, and a rent payment record.
3. Respond to the landlord in writing and consider applying to the First-tier Tribunal for Scotland (Housing and Property Chamber) if you need to dispute the notice or seek a remedy.
4. Prepare for any tribunal hearing by summarising your key points, arranging witnesses if needed, and submitting documents in advance as directed.
5. If eviction is ordered, check timelines and your options for appeal or seeking help finding alternative accommodation.

Key Takeaways

• Tribunals balance landlord reasons and tenant vulnerability when assessing discretionary grounds.
• Respond promptly to notices and tribunal directions to protect your rights.
• Use the First-tier Tribunal (Housing and Property Chamber) process and official guidance when disputing eviction.

Help and Support / Resources

• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Scottish Government: Private housing tenancies guidance
• Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk

1. [1] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
2. [2] First-tier Tribunal for Scotland (Housing and Property Chamber) - housingandpropertychamber.scot
3. [3] Scottish Government: Private housing tenancies guidance - gov.scot