Eviction Rules for Fixed-Term and Rolling Tenancies in Scotland

If you’re a renter in Scotland, understanding how eviction works can be crucial for your housing security. The rules for eviction can vary depending on whether you have a fixed-term tenancy (with a set end date) or a rolling tenancy (also called open-ended or periodic). This guide explains your rights and responsibilities under current Scottish law, and what official forms and processes apply to each type.

Fixed-Term vs. Rolling (Periodic) Tenancy: What’s the Difference?

Scottish tenancies typically fall into two categories:

• Fixed-term tenancy: Has a specific end date agreed in advance.
• Rolling (periodic) tenancy: Continues month-to-month or week-to-week until ended by either party, now commonly known as a Private Residential Tenancy (PRT) since December 2017.

Since 2017, almost all new private tenancies in Scotland are Private Residential Tenancies, which are open-ended by default and offer more security to tenants.

Eviction in a Fixed-Term Tenancy

For older tenancies with a fixed end date, your landlord usually cannot ask you to leave before the end of the term unless you’ve breached the agreement (e.g., by not paying rent or causing damage). If you stay past the end date and do not sign a new agreement, your tenancy likely becomes periodic under Scottish law.

Notice Requirements

• Your landlord must serve you a valid Notice to Leave if they want you to move out—even at the end of the fixed term.
• The notice period depends on the reason for eviction and how long you’ve lived in the property. Common periods are 28 or 84 days.

As of 2023, your landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to end the tenancy—self-eviction or intimidation is illegal.^[1]

Eviction in a Rolling (Private Residential) Tenancy

Most tenants in Scotland now have a Private Residential Tenancy (PRT), which automatically continues unless you or your landlord end it with the proper notice. You cannot simply be asked to leave without grounds.

Notice Procedures for Rolling Tenancies

• Notice to Leave: Your landlord must provide a written Notice to Leave stating a valid reason (called a ‘ground’) from the legislation.
• All grounds for eviction are set out in the Private Housing (Tenancies) (Scotland) Act 2016.^[2]
• Notice periods range from 28 to 84 days depending on circumstances (such as reason for eviction and your duration as a tenant).

Official Forms: What You’ll Receive

• Notice to Leave (no official number/form):
  • Given by landlords to end either a fixed-term tenancy early or a rolling PRT.
  • Must be delivered by hand, post, or electronically if you’ve agreed.
  • An example and full list of required information can be found on the official Scottish Government renters’ eviction page.
  • Practical example: If your landlord wants to sell the property, they must give you a Notice to Leave which states this ground, the notice period, and relevant details before applying to the Tribunal.
• Application to the First-tier Tribunal for Eviction:
  • The landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if you do not move out by the deadline in the notice.^[1]
  • You can respond to this application and give your side before any eviction order is made.

Key facts: You cannot legally be evicted without an official eviction order from the Tribunal.

Your Rights and How to Respond

Receiving a Notice to Leave does not mean you must immediately move out. You have rights to:

• Check that your landlord used the correct form and notice period
• Challenge the grounds for eviction if they’re incorrect or unfair
• Remain in the property until the Tribunal grants an eviction order

What Should You Do?

• Carefully check if the Notice to Leave meets legal requirements (grounds and notice period)
• If you wish to challenge the eviction, prepare your side of the story and any supporting evidence
• Attend the Tribunal hearing (virtually or in-person) if you receive notification
• If you feel unsafe or pressured to leave, contact your local council or a tenant advocacy organisation for support

This process makes sure both renters and landlords are treated fairly based on current Scottish legislation.

1. What is a Notice to Leave in Scotland and when can it be used?
   A Notice to Leave is a formal document your landlord must give you to begin ending a private tenancy in Scotland, stating the legal ground for eviction and the notice period. It applies to both rolling (PRT) and fixed-term tenancies when seeking possession.
2. Can my landlord evict me before my fixed-term tenancy ends?
   Only in limited circumstances, such as serious breaches of contract. Otherwise, the tenancy usually continues until the end date, at which point the landlord must still serve a Notice to Leave.
3. Do I have to leave as soon as I receive a Notice to Leave?
   No, you are not required to leave immediately. You have the right to remain until the First-tier Tribunal reviews your case and grants an eviction order, if appropriate.
4. Which official tribunal decides on eviction in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) handles all private tenancy eviction cases.
5. Where can I find the official grounds for eviction?
   All legal grounds are listed in the Private Housing (Tenancies) (Scotland) Act 2016, Schedule 3.

Conclusion: Key Takeaways for Renters

• Eviction rules differ for fixed-term and rolling (PRT) tenancies, but both require a valid Notice to Leave and an official eviction order from the Tribunal.
• Know your rights—always read eviction notices carefully and seek advice before taking action.
• You cannot be made to leave your home until ordered by the First-tier Tribunal for Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) — for tribunal information, forms, and advice
• Scottish Government: Renters' Rights & Responsibilities — up-to-date guidance for tenants
• Citizens Advice Scotland: Eviction and Repossession Advice
• Local council housing advice teams — search your council’s housing page for help

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1. First-tier Tribunal for Scotland (Housing and Property Chamber) official page: housingandpropertychamber.scot
2. Private Housing (Tenancies) (Scotland) Act 2016: View the full Act

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