Landlord Refusal to Renew Tenancy in Scotland: Your Rights

If you’re renting a home in Scotland, you may be unsure about your rights when it comes to the end of your tenancy. Can your landlord refuse to renew, or are you protected by Scottish law? This article explains what happens at the end of a tenancy agreement, your rights as a renter, which notices and forms matter, and what to do if your landlord asks you to leave.

Understanding Tenancy Types in Scotland

Most private renters in Scotland since December 2017 will have a Private Residential Tenancy (PRT). This modern tenancy replaced older forms like the Assured Tenancy or Short Assured Tenancy, making it harder for landlords to evict tenants without good reason.

Under a PRT, your tenancy continues until you want to leave or unless your landlord can prove a valid reason—called a "grounds for eviction"—as set out in Scottish housing law.

Can a Landlord Refuse to Renew Your Tenancy?

In Scotland, there is no fixed 'renewal' process for Private Residential Tenancies. Your tenancy continues automatically unless you choose to leave or your landlord legally ends the agreement. In other words, landlords cannot simply refuse to renew or ask you to leave at the end of a contract—they must follow proper legal notice and have a specific reason (ground) allowed under law.

Valid reasons landlords can use include wanting to sell the property, needing the property for themselves or family, rent arrears, or breach of tenancy agreement. Full details are listed in the Private Housing (Tenancies) (Scotland) Act 2016.^[1]

Notice and Official Forms Explained

To legally ask you to leave, landlords must use a formal process, including special notice forms:

• Notice to Leave – The official form landlords must use to end a Private Residential Tenancy. It must clearly state the reason (ground) and give the right length of notice (usually 28 or 84 days, depending on how long you’ve lived there and the reason).
• Notice to Leave (Form) – Official template found on the Scottish Government’s website.
  Download the Notice to Leave form

Example: If your landlord wishes to sell and asks you to move out, they must serve you the Notice to Leave form with the reason clearly stated (“Intention to sell”), along with any supporting evidence.

Your Options If Asked to Leave

If you receive a Notice to Leave and do not agree with the landlord’s reason, or you think the process was not followed correctly, you can challenge it. The case would be handled by the First-tier Tribunal for Scotland (Housing and Property Chamber), an independent body that decides disputes between landlords and tenants.

Action Steps for Renters

• Ask your landlord for a copy of the Notice to Leave if one is not provided.
• Check that the notice includes the correct information (ground for eviction, notice period, and right template).
• If you wish to challenge the notice, you can apply to the First-tier Tribunal for Scotland using official forms found on their website.
• Seek advice from tenant support agencies if you’re unsure about your rights.

Being aware of your rights protects you from illegal eviction and gives you confidence to address issues correctly.

FAQ: Scottish Renters' Rights on Renewal and Eviction

1. Can my landlord ask me to leave just because they want to ‘renew’ the tenancy?
   No. In Scotland, Private Residential Tenancies continue automatically. Your landlord must provide a legal reason and serve a formal Notice to Leave.
2. What should I do if I get a Notice to Leave but disagree with it?
   You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to challenge the notice. The Tribunal will review if the process and grounds are valid.
3. How much notice should my landlord give me?
   The required notice is usually 28 or 84 days, depending on how long you've lived in the property and the eviction ground. Read more about notice periods on mygov.scot.
4. Which official form do landlords use to end my tenancy?
   They must use the Notice to Leave for Private Residential Tenancies.
5. Who decides disputes between renters and landlords in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) handles tenancy disagreements.

Conclusion: Key Takeaways

• Landlords in Scotland cannot refuse to 'renew' your tenancy without legal grounds and the proper notice process.
• Tenancies usually continue automatically unless you or your landlord act formally within the law.
• Always check any notice you receive, and seek advice or challenge it through the Tribunal if you believe it’s unfair.

Being informed about your tenancy rights is the best way to maintain secure, fair housing.

Need Help? Resources for Renters

• Scottish Government: Ending a tenancy guidance
• First-tier Tribunal for Scotland (Housing and Property Chamber): Dispute resolution and applications
• Shelter Scotland: Free tenant advice

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1. Private Housing (Tenancies) (Scotland) Act 2016

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