Evicting One Joint Tenant: What Landlords Can Do

If you share a tenancy in Scotland with one or more joint tenants and your landlord says they want to evict only one of you, it can be confusing and stressful. This guide explains when a landlord may lawfully apply to end or vary a joint tenancy, what rights the remaining tenants and the targeted tenant have, and how to respond. It covers the key steps a tenant should take: checking the tenancy agreement, keeping records, asking for formal notice, and where to find the official forms and tribunal routes. Practical examples show how to complete and submit paperwork. The tone is practical and supportive so you can make informed choices and meet any deadlines.

What being a joint tenant means in Scotland

Joint tenants share responsibility for the whole tenancy and for paying the rent and keeping to the tenancy terms. The Private Housing (Tenancies) (Scotland) Act 2016 sets out the rights and obligations for private residential tenancies in Scotland.^[1]

When a landlord can seek to evict one joint tenant

A landlord cannot simply remove just one named tenant from a joint tenancy without following the legal process. In many cases the landlord must apply to the First-tier Tribunal (Housing and Property Chamber) for an order to vary or end a tenancy, or for an order that affects an individual tenant.^[2] The tribunal will consider the grounds the landlord relies on and the evidence from all parties before making a decision.

Common grounds landlords use

• Eviction for antisocial behaviour where the landlord applies to the tribunal.
• Landlord requires property for personal use or to move in.
• Serious safety or legal compliance issues involving a named tenant.
• Breaches of tenancy with a required notice period before tribunal action.

What tenants can do if one joint tenant is targeted

• Check your tenancy agreement carefully to confirm whether the tenancy is joint and any clauses about changes.
• Keep clear evidence: rent receipts, messages, photos, and dated notes of incidents.
• Ask the landlord for any formal notice in writing and keep copies of it.
• Contact the First-tier Tribunal or a government advice service promptly for guidance on responding to applications.

Official forms and how to use them

Below are the key official documents tenants should know about and where to find them. If you receive any of these, check dates, keep a copy, and get advice quickly.

Notice to Leave

Form name and number: Notice to Leave (no standard form number). When used: landlords use a Notice to Leave to start the eviction process under grounds set out in the 2016 Act. Practical example: if one joint tenant is accused of serious antisocial behaviour, the landlord may issue a Notice to Leave to that tenant before applying to the tribunal; keep the notice, note the date it was served, and check the stated ground and deadline.^[3]

Application to the First-tier Tribunal (Housing and Property Chamber)

Form name and number: Application forms and application portal (see the Housing and Property Chamber guidance pages for current form titles and submission steps). When used: landlords normally apply to the tribunal for an order to evict, to vary the tenancy, or to determine disputes about individual tenants. Practical example: a landlord files an application seeking an order that one named tenant be removed; the targeted tenant can respond to the tribunal with evidence and a written response to defend their position.^[2]

FAQ

Can a landlord evict one joint tenant without ending the tenancy for the others?

The landlord may apply to the First-tier Tribunal for an order affecting an individual tenant, but the tribunal will decide based on the law and evidence whether eviction of one tenant is appropriate.

What should I do if I receive a Notice to Leave?

Keep the notice safe, note the date it was served, check the stated ground and any deadline, gather supporting evidence, and seek advice from the tribunal or official advice services as soon as possible.

If a co-tenant is evicted, do I have to leave too?

Not necessarily; the tribunal can make orders that affect only one tenant, but outcomes depend on the tenancy, the ground relied on, and the tribunals decision in each case.

How-To

1. Read any notice and the tenancy agreement to identify the ground and deadline.
2. Collect evidence: receipts, messages, photos, and witness details.
3. If the landlord applies to the tribunal, submit a written response and any evidence by the tribunal deadline.
4. Use official tribunal guidance or government helplines to check forms and get procedural help.

Key Takeaways

• A landlord must follow the legal process and usually apply to the tribunal to evict one joint tenant.
• Always keep written records of notices, rent payments, and communications.
• Seek official tribunal guidance early to meet deadlines and submit the correct forms.

Help and Support / Resources

• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Private Housing (Tenancies) (Scotland) Act 2016 on legislation.gov.uk
• Scottish Government guidance on private renting and notices to leave

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 renting guidance and Notice to Leave