Ending a Tenancy in Scotland: Your Rights and What to Expect

Reaching the end of your tenancy in Scotland can bring a mix of relief and uncertainty, whether you’re moving on or your landlord is ending the agreement. Knowing your rights, responsibilities, and the formal process ensures a smoother transition and helps prevent disputes. This guide explains what Scottish renters can expect when their tenancy ends, with a focus on official steps, forms, and support options.

Types of Tenancy Agreements in Scotland

The process for ending a tenancy depends on what type of agreement you have. In Scotland, most renters now have a private residential tenancy (PRT), which replaced older tenancies from December 2017. Some may have an assured tenancy or a short assured tenancy if it started before that date. Social housing tenants may be on a Scottish secure tenancy.

• Learn about tenancy types on mygov.scot

Steps When a Tenancy Ends: Key Stages for Renters

The end of a tenancy in Scotland involves several stages for both tenants and landlords. Here’s what typically happens:

• Either party gives notice: Landlords and tenants generally must give official notice to end a tenancy. Notice periods depend on the tenancy type and reasons for ending it.
• Handing back the property: The tenant must leave by the agreed date, remove belongings, and return all keys.
• Final inspection: Landlords can inspect for damage or unpaid rent.
• Deposit return: Your deposit should be protected and returned, minus any agreed deductions.

For most private renters, the process and rights are set out in the Private Housing (Tenancies) (Scotland) Act 2016^[1].

Notice Periods and How to End Your Tenancy

As a tenant under a PRT, you must give your landlord at least 28 days’ notice in writing. If your landlord wishes to end the tenancy, they must give you a valid Notice to Leave with the correct notice period (usually 28 days, sometimes 84 days depending on circumstances).

Official Form: Notice to Leave

• Name: Notice to Leave
• When used: Landlords serve this to tenants to end a private residential tenancy. It outlines the reason and the date when tenants must move out.
• Download the Notice to Leave template (Scottish Government)

Staying Past Your Notice Date

If you remain after the notice period and do not leave, your landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to legally end your tenancy. Landlords cannot remove tenants without a tribunal order.

Deposit Return and What to Check

Your deposit should be held in a government-approved scheme. After moving out:

• Check for any damage or unpaid rent, as this may affect the deduction from your deposit.
• Initiate your deposit return through the scheme (e.g., SafeDeposits Scotland, Letting Protection Service Scotland, or MyDeposits Scotland)
• If you disagree with deductions, use the scheme’s dispute process.

More details can be found at mygov.scot: Tenancy deposits.

Resolving Disputes: Your Options

If you disagree with deductions from your deposit, notice given, or if you feel your tenancy ended unfairly, you can apply for a resolution:

• The First-tier Tribunal (Housing and Property Chamber) deals with disputes over eviction, repairs, and unreturned deposits.
• Use the free official complaints process provided by the deposit protection scheme.

Applying to the tribunal can stop an eviction while your case is heard.

Official Form: Application to the First-tier Tribunal

• Name: Form 'Eviction – Application by Landlord' or tenant equivalent
• When used: Landlords apply to evict; tenants can challenge improper notice, repairs, or deposit issues.
• Access tribunal application forms

Leftover Mail, Utilities, and Council Tax

Before leaving, remember to:

• Redirect your mail
• Take meter readings and inform your utility providers
• Notify the local council to update Council Tax records

Tip: Keep records and photos of the property’s condition on your last day. This can protect you during deposit disputes.

Frequently Asked Questions

1. How much notice do I need to give my landlord to end my tenancy?
   For most private residential tenancies in Scotland, you must give at least 28 days’ written notice to your landlord. Check your agreement, as longer periods may apply to older tenancies.
2. What should I do if my landlord does not return my deposit?
   Your deposit must be protected in a government-approved scheme. Contact the scheme directly to start a dispute if your landlord refuses to return it or makes unfair deductions. See mygov.scot: Tenancy deposits for more details.
3. Can my landlord evict me without taking me to tribunal?
   No. In Scotland, landlords cannot force you out without an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber).
4. What if I cannot move out by the agreed date?
   If you stay beyond the notice period, your landlord must apply to the tribunal to formally end your tenancy and seek possession.
5. How do I challenge a notice to leave if I think it’s invalid?
   You can apply to the First-tier Tribunal to challenge or delay an eviction if you believe your landlord’s notice to leave isn’t valid or doesn’t follow the rules. Contact a tenant advice service for support.

Conclusion: What Scottish Renters Should Remember

• Always give or receive proper written notice and keep records.
• Deposits must be returned fairly, and disputes are handled by official schemes and tribunals.
• If in doubt, seek advice or contact the First-tier Tribunal for Scotland.

Understanding the end-of-tenancy steps in Scotland will help you protect your rights, avoid common pitfalls, and know where to turn for help.

Need Help? Resources for Renters

• Scottish Government Rent Advice & Support
• First-tier Tribunal for Scotland (Housing and Property Chamber) — handles disputes over eviction, repairs, and deposits
• Shelter Scotland — free and confidential advice for private and social renters
• Tenancy Deposit Schemes information

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988 (for older tenancy types)
3. Housing (Scotland) Act 2001 (social housing tenancies)

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