Can we serve notice to end a tenancy in 2023?

 

At the point of writing (February 2023), landlords and letting agents acting on landlords behalf can still serve notice to terminate a tenancy as normal on any of the grounds as per the Private Housing (Tenancies) (Scotland) Act 2016.  If the tenant doesn't move out within the prescribed period, then the landlord or the letting agent can still apply to the First Tier Tribunal for an eviction order.  

 

Once the tribunal has granted an eviction order, the current moratorium on evictions will place a delay of up to six months on this order being enforced.  There are some ground that are exempt from this moratorium, in which case the eviction order could be enforced straightaway.

 

(i) paragraph 1A: Landlord intent to sell property to alleviate financial hardship
(ii) paragraph 2: Property to be sold by lender
(iii) paragraph 4A: Landlord intent to live in property to alleviate financial hardship
(iv) paragraph 8: Tenant no longer an employee of the landlord
(v) paragraph 10: Tenant not occupying let property
(vi) paragraph 12A: Substantial rent arrears
(vii) paragraph 13: Criminal behaviour
(viii) paragraph 14: Anti-social behaviour
(ix) paragraph 15: Tenant has association with person who has relevant conviction or engaged in relevant anti-social behaviour

 

In our experience, eviction is very, very rarely enforced.  Since 2005, when we started our business, and considering that we have managed over 5,000 tenancies, we have served only 3 eviction notices, and only 2 had to be enforced (the third case the tenant left as soon as the eviction notice was issued).   Since the Private Housing (Tenancies) (Scotland) Act 2016 was introduced, we have served dozens of notices to terminate tenancies on different grounds (landlord selling the property and landlord intending to live at the property being the main grounds), and tenants have left the property voluntary in accordance to the notice.

 

Landlords are our customers, but we do have a duty of care with our tenants. Thus at all times we will make the tenants aware of the legal process that they can take if they wish to challenge the eviction process and any moratorium on eviction that may be in place at the time.  However most tenants will simply understand that the grounds for the notice to terminate are fair and the tenancy will come to an end.