Grounds for Eviction for Private Residential Tenancy Tenants

Author: Alison Gourley
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At the end of 2017 the Private Residential Tenancy or PTR replaced the old residential tenancy known as a short assured tenancy or SAT in Scotland. One of the defined intentions of the new PRT is to offer tenants greater security.

A PRT can only be ended by 1 of 3 ways:

  • By a tenant giving notice and leaving or
  • The tenant and landlord reach an agreement to leave or
  • Your landlord wants possession of the property and obtains an eviction order.

There are different periods of notice depending on how long you have been living at the property:

  • If you have lived in the property for less than 6 months then the notice period is 28 days regardless of the ground used.
  • If you have lived in the property for longer than 6 months and the landlord is not using a conduct ground then the notice period is 84 days.
  • If you have lived in the property for more than 6 months and the landlord is using one of the 6 conduct grounds the notice period is 28 days.

There are 18 grounds for possession that a landlord can use to apply for an eviction order:

The property is required for another purpose.

  • The landlord intends to sell. The Tribunal must make an eviction order if they are satisfied that the landlord is entitled to sell and intends to put the property up for sale within 3 months of the tenant ceasing to occupy it.
  • The property is to be sold by a lender. This ground can be used where the landlord has defaulted on a loan secured against the property before the beginning of the tenancy and where the lender is entitled to sell the property to pay off the debt.
  • The landlord intends to refurbish. This ground can be used where the landlord wants to carry out significant work to the property.
  • The Landlord wants to live in the property. This would apply where the landlord intends to live in the property as their only or principal residence for at least 3 months.
  • Family member intends to live in the property. This is a discretionary ground.
  • The Landlord intends to use the property for non- residential purposes.
  • The property is required for religious purposes.

A change in the tenant’s status.

  • The tenant is no longer an employee.
  • The tenant is no longer in need of supported accommodation.

Conduct grounds.

  • Not occupying let property. This ground is intended to cover cases where the tenant has abandoned the property.
  • Tenant has broken a condition of the tenancy other than payment of rent.
  • Rent arrears. If there have been arrears of rent for at least three consecutive months.
  • Criminal Behaviour
  • Anti-social Behaviour
  • The tenant being associated with a person who has relevant conviction or engaged in relevant anti-social behaviour.

Legal impediment to the let continuing.

  • The Landlord has ceased to be registered
  • An HMO license has been revoked.
  • A statutory overcrowding notice has been served.

Our expert Alison Gourley would be delighted to help you with any problems you may have with a PRT. She can be contacted on 0141 552 3422 or by email ajg@mitchells-roberton.co.uk

About Alison Gourley

Alison graduated from Edinburgh University School of Law in 1991. She joined Mitchells Roberton in 1996 and became an Associate thereafter. Alison specialises in both commercial and residential conveyancing, advising individuals, large and small businesses, banks, charities and further education institutions on all property transactions. Having 20 years experience in property law Alison has developed excellent relationships with surveyors, independent financial advisers and banks so is ready to act swiftly and effectively to meet her clients’ needs in an ever changing property market. She enjoys getting to know her clients and is committed to giving them an efficient service and is always friendly and approachable. She is also involved with the marketing aspects of the firm. Alison is a residential conveyancing tutor in the paralegal course offered by Central Law Training through the University of Strathclyde. Alison is married to a photographer and has one child. In her free moments she likes to keep fit. She is a talented amateur artist and loves nature and the great outdoors. Email: ajg@mitchells-roberton.co.uk

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