If your landlord decides to sell the property you rent, you have clear rights as a tenant in Scotland. This guide explains what landlords must do, what notices you can expect, how deposits and viewings are handled, and what to do if you face a possession claim. It uses plain language for renters and tenants and points to the official law, tribunal and forms so you can act quickly and protect your home and money. Keep copies of your tenancy agreement, rent receipts and any messages from your landlord to support your position if questions arise.
What the law says
Private residential tenancies in Scotland are governed by the Private Housing (Tenancies) (Scotland) Act 2016; it sets the grounds and procedures a landlord must follow to end a tenancy and for possession when selling a property[1].
Key landlord responsibilities when selling
When a landlord markets or sells a rented home they must respect the tenancy and follow legal notice, access and deposit rules. Selling does not automatically end a tenancy.
- Give the correct written notice before seeking possession, using the prescribed grounds and timescales.
- Ask for access for viewings at reasonable times and after reasonable notice; you have a right to privacy and the landlord must not harass you.
- Protect and return your deposit correctly via a recognised tenancy deposit scheme and provide required information on transfer if the landlord changes during a sale.
- Keep the property in the required condition; a sale does not remove the landlord's maintenance duties while the tenancy continues.
- Provide clear records of notices, communications and any agreements about viewings, moving dates or repairs.
- If the buyer wants vacant possession the new owner must follow the same legal routes to obtain an order for possession from the tribunal.
Notice, grounds and timescales
If a landlord wants possession because they intend to sell, they must use one of the statutory grounds and serve a written notice to leave using the prescribed format. The notice must state the ground relied on and give the tenant the minimum notice period required by law. Do not agree to leave earlier without getting advice and checking any written agreement carefully.
If you receive a Notice to Leave or a possession application
Check the notice carefully: it must be in the correct form and include the ground and correct dates. If you disagree with the notice or believe the landlord has not followed procedure, you can raise a dispute with the First-tier Tribunal for Scotland (Housing and Property Chamber) which handles residential tenancy cases in Scotland[2].
- Respond in writing to any notice and request clarification of dates or grounds if unclear.
- Gather evidence: tenancy agreement, rent receipts, deposit information and records of repairs or communications.
- If the landlord applies to the tribunal, you will get papers explaining how to respond and the hearing process.
Official forms you may see and how they are used
There are a small number of official forms used in Scotland when a tenancy is being ended or a possession order is sought. Use the official sources below to get the current forms and templates; examples used by tenants and landlords include:
- Notice to Leave (prescribed form) — form name: "Notice to Leave" (prescribed format). Used by a landlord to tell a tenant the tenancy is being ended on a statutory ground; for example, to state the landlord intends to sell and give the minimum notice period required.
- Application to the First-tier Tribunal for an eviction or possession order — form name: "Application for an order for possession" (see the Tribunal forms list). This is used when a landlord applies to the tribunal after serving notice; a tenant may also use Tribunal forms to respond or raise a counter-claim.
- Deposit transfer or compliance information — various official templates and guidance explaining what must be supplied when a deposit is transferred during a sale; for example, evidence your deposit is protected and confirmation of the scheme used.
Tenant action steps if the property is sold
If the property you rent is being sold, consider these practical steps to protect your position.
- Check your tenancy agreement to confirm terms about notice, viewings and any break clauses.
- Keep or make copies of rent receipts, the deposit certificate and all messages from the landlord about viewings or sale progress.
- Ask for any Notice to Leave to be provided in writing on the prescribed form; note the dates and grounds.
- Seek free advice promptly if you are unsure — contact official advice channels listed below before agreeing to vacate.
FAQ
- Can my landlord sell while I have a tenancy?
- No. A landlord can market and sell the building, but the sale does not end your tenancy unless the new owner follows legal procedures to obtain possession.
- Do I have to allow viewings?
- You should allow reasonable viewings at reasonable times after notice, but you can refuse unreasonable requests and must be given adequate notice.
- What if I receive a Notice to Leave?
- Check it is the prescribed Notice to Leave, note the ground and time limit, gather evidence and seek advice or, if necessary, respond via the First-tier Tribunal for Scotland (Housing and Property Chamber).
How-To
- Check your tenancy agreement and confirm the name of the landlord and tenancy start date.
- Collect and copy rent receipts, the deposit certificate and any written messages about viewings or a sale.
- If served with a Notice to Leave, check the form, ground and dates and write back asking for clarification if anything is missing.
- Contact the First-tier Tribunal or an official advice service for guidance before agreeing to move or signing any document.
- If the landlord applies for possession, file any response using the Tribunal process and bring your evidence to the hearing.
Help and Support / Resources
- Scottish Government: Private residential tenancies guidance and forms
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016
