Section 21 Abolition: What It Means for Renters in Scotland

If you’re renting in Scotland, you might wonder what protections exist against being asked to leave your home without good reason. The so-called ‘Section 21’ eviction process, familiar in England and Wales, has been abolished in Scotland. Here’s what this means for you, how you’re protected, and what to do if your landlord asks you to leave.

Understanding the Abolition of Section 21 in Scotland

Section 21 notices, often called ‘no fault’ evictions, let landlords in England and Wales end tenancies without giving a reason. However, in Scotland, these rules do not apply: Section 21 has been abolished since the introduction of the Private Housing (Tenancies) (Scotland) Act 2016^[1]. Instead, almost all new private tenancies are private residential tenancies (PRTs), which provide much stronger security for renters.

How Are You Protected?

• Your landlord can only end your tenancy for specific legal reasons, called ‘grounds’.
• They must use the correct legal process and provide proper notice, with most notice periods ranging from 28 to 84 days.
• If you believe your landlord has not followed the law, you have a right to challenge the eviction through an official tribunal.

These changes mean you no longer need to fear sudden, unexplained evictions.

Legal Grounds for Eviction Under a Private Residential Tenancy

Your landlord must prove one or more legal ‘grounds’ (such as selling the property, needing it for family, or serious rent arrears) to end your tenancy. The full list is set out in the 2016 Act: Schedule 3 – Eviction Grounds^[2].

Notice Requirements and Forms

Landlords must serve you with a formal document, the ‘Notice to Leave’, if they want you to move out.

• Notice to Leave (no official number): Used by your landlord to start the legal eviction process under a private residential tenancy. You must receive this in person, by recorded delivery, or digitally (if you’ve agreed). Read official guidance and download a Notice to Leave template from the Scottish Government.
  Example: If your landlord is selling the flat, they must complete and serve a Notice to Leave stating the relevant ground for eviction.
• Form U – Application to the First-tier Tribunal: If you do not leave by the end date in the Notice to Leave, your landlord must apply to the First-tier Tribunal (Housing and Property Chamber) to seek eviction.
  Find the Tribunal application forms and guidance.
  Example: If you stay after the notice, your landlord submits Form U to the Tribunal for a decision.

Challenging an Eviction: Taking Action

If you receive a Notice to Leave and believe it’s unfair or incorrect, you have the right to challenge it via the First-tier Tribunal for Scotland (Housing and Property Chamber). The Tribunal is an independent body that deals with eviction disputes, rent, repairs, and tenancy matters.

How to Respond

• Review the Notice to Leave. Check if the grounds and notice period are correct according to your situation.
• If you disagree, prepare a written response explaining why.
• Gather any evidence, such as correspondence with your landlord or proof of circumstances.
• Contact the Tribunal or a support organisation for help. You may be able to submit documents online if the landlord starts Tribunal proceedings.

Key Legislation and Your Rights

• Private Housing (Tenancies) (Scotland) Act 2016 – sets out your rights and legal protections.
• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles all disputes between landlords and tenants.

With these laws, your housing security is much stronger than in the rest of the UK.

FAQ: Renters’ Rights After Section 21 Abolition in Scotland

1. Can my landlord evict me without a reason in Scotland?
   No. Since Section 21 does not apply in Scotland, your landlord must prove a legal ground for eviction and follow the correct process.
2. What should I do if I receive a Notice to Leave?
   Read it carefully, check the stated grounds, and seek advice promptly if you believe the notice is incorrect. Respond in writing and keep copies of all correspondence.
3. Who decides if my landlord’s eviction claim is valid?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) will consider both sides before making a decision if you challenge the eviction.
4. Can I challenge a rent increase in Scotland?
   Yes. Your landlord must follow the correct process and you can refer an excessive rent increase to a Rent Officer or the Tribunal. See official guidance on rent increases.
5. What are my options if repairs are not done?
   You can apply to the First-tier Tribunal to enforce repairs or standards—see the official applicant’s guidance on repairs.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for all tenancy and eviction disputes
• Scottish Government: Private Renting – Tenants’ Rights – overview of rights, evictions, and support
• Shelter Scotland – free independent advice and support for renters (not-for-profit, broadly government-funded)

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016
2. [2] Eviction Grounds (Schedule 3 of the 2016 Act)
3. [3] First-tier Tribunal for Scotland – PRT Applications

Key takeaways:

• Section 21 ‘no fault’ eviction does not exist in Scotland—your rights are protected under the Private Housing (Tenancies) (Scotland) Act 2016.
• Landlords must use proper grounds and notice when seeking eviction and follow a transparent tribunal process.
• Support and advice are available from official bodies—act swiftly if you receive any eviction notice.

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