Section 21 Notices in Scotland: What Renters Need to Know

If you're renting in Scotland and worried about being asked to move out, you may have heard of a "Section 21 notice." However, Scottish renters will be relieved to know that Section 21 notices do not exist here. The laws protecting renters—and the eviction process—are different to those in England and Wales. Understanding your rights is key, especially if your landlord asks you to leave.

How Eviction Works in Scotland: No Section 21 Notice

Section 21 notices are only used in England and Wales. In Scotland, landlords must use specific legal processes depending on your type of tenancy. The most common tenancy now is the Private Residential Tenancy (PRT).

• No 'no-fault' eviction: Scottish landlords cannot evict you without a reason. Unlike Section 21 in England, there is no "no-fault" notice in Scotland.
• Notice to Leave: For PRTs, your landlord must serve you with a formal 'Notice to Leave' explaining the grounds for eviction and giving the correct notice period.
• First-tier Tribunal for Scotland (Housing and Property Chamber): If you don’t move out, the landlord must apply to this tribunal to gain an eviction order. Find out more here.

What Is a Notice to Leave?

A Notice to Leave is the official document your landlord uses to start the eviction process for Private Residential Tenancies. This form must state:

• The reason ("ground") for eviction—for example, rent arrears, landlord wants to sell, or other legal reasons.
• The amount of notice you are being given, which can range from 28 to 84 days depending on the reason and how long you've lived there. See official notice periods here.
• The date you are expected to leave.

Official Forms Used in Scotland

• Notice to Leave (no number, official template): Used by landlords to start eviction proceedings for PRTs. Your landlord must fill this in, state the eviction ground, and ensure you receive the correct notice period.
  Download the Notice to Leave template from the Scottish Government.
  Example: If you are more than three months behind in rent, your landlord may issue a Notice to Leave using the template, stating the ground is rent arrears, and give you 28 days to leave.
• Eviction Application Forms (First-tier Tribunal): If you do not leave when the notice period ends, landlords must apply to the tribunal using the relevant application forms, depending on the eviction ground. You will be informed and can respond.
  Eviction & Civil Proceedings application forms are available on the Tribunal’s official website.

Which Tribunal Handles Evictions?

Evictions for private renters in Scotland are dealt with by the First-tier Tribunal for Scotland (Housing and Property Chamber). This body is independent and decides if an eviction meets all legal requirements.

Tip: If you receive a Notice to Leave, don’t panic. Check the reason, the dates given, and consider seeking free advice. You’re not required to leave before the notice period ends or without a formal tribunal order.

Relevant Scottish Tenancy Legislation

• The Private Housing (Tenancies) (Scotland) Act 2016 is the main law covering PRTs, evictions, and Notice to Leave rules.
  Older assured or short assured tenancies are covered by the Housing (Scotland) Act 1988.

In summary, Scottish renters are protected from 'no-fault evictions' and must always receive a clear explanation, correct documentation, and the right to challenge any action at the tribunal.

FAQs: Scottish Eviction Notices & Section 21

1. Does Section 21 apply in Scotland?
   No, Section 21 is used in England and Wales only. In Scotland, landlords use a 'Notice to Leave' and must have valid grounds for eviction.
2. What grounds can my landlord evict me for in Scotland?
   The law has specific "eviction grounds," such as rent arrears, landlord's intention to sell, or serious antisocial behaviour. Each has its own requirements and notice periods.
3. What should I do if I get a Notice to Leave?
   Read it carefully, check the dates, and see which eviction ground has been cited. Get advice from a charity like Shelter Scotland or your local council. You only have to leave after a formal tribunal order, not just the notice.
4. Where can I appeal or challenge an eviction?
   If you believe the eviction is unfair or the notice is incorrect, you can make your case at the First-tier Tribunal for Scotland (Housing and Property Chamber).
5. Is there a standard form or template for a Notice to Leave in Scotland?
   Yes, the Scottish Government provides an official template. Download and check the form here.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber): Handles tenancy disputes and evictions
• Shelter Scotland: Free, confidential help on any eviction or renting issue
• Scottish Government Tenant Guide: Official information on your rights and eviction processes
• Contact your local council's housing advice service for support and guidance

---

1. Scottish Government: Private Residential Tenancies - Tenant Guide
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Private Housing (Tenancies) (Scotland) Act 2016
4. Notice to Leave (Official Template)
5. Housing (Scotland) Act 1988

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation