Private residential tenancy model agreement: easy read notes

24. Ending the Agreement

This section details the ending of the Agreement by the landlord or the tenant.

Tenant ending the Agreement

The tenant can end the tenancy at any time by giving written notice to the landlord. That written notice must say that:

• the tenant wants to end the tenancy and
• the date on which the tenancy is to end.

(If it is a joint tenancy, all of the tenants must give the notice, not just one or some of them. See more detail later in this section.)

The tenant's notice must be given to the landlord 28 days (or 4 weeks) before the date on which the tenant wants the tenancy to end.

If the tenant gives the notice to the landlord by hand (it is good practice to have proof this happened e.g. having a witness, a signing receipt or photograph of signature), then the notice would have to be given 28 days (or 4 weeks) before the date on which the tenant wants the tenancy to end.

If the tenant:

• posts the notice or
• sends the notice by email (if this is allowed - see Note 4 – Communication),

then the notice would have to be posted or emailed at least 30 days before the date on which the tenant wants the tenancy to end. This allows time for the notice to be received by the landlord. (See Note 4)

If the tenant wants to end the tenancy sooner than 28 days, they may be able to agree this with their landlord. This landlord’s agreement must be in writing. If the landlord does not agree, the tenancy will continue for the minimum 28 day period even if they move out of the property sooner.

If the Agreement is a joint tenancy then all of the joint tenants have to agree to the ending of the Agreement. One joint tenant cannot end the Agreement on behalf of all tenants. Any notice from the tenant to end the tenancy would have to be signed by all of the joint tenants.

If a joint tenant wants to end the tenancy by sending notice to the landlord by email then this would be done either:

• by each of the people who are joint tenants sending their own email to the landlord, all saying that the tenancy is to end on the same date; or
• by each of the joint tenants signing a paper copy notice to the landlord and then one of those joint tenants scanning or taking a photo of that signed paper copy notice and attaching it to an email and emailing it to the landlord, on behalf of all of the joint tenants.

There are times, such as where there has been domestic violence, where a court can make an exclusion order or order the transfer of a joint tenancy into the name of one tenant, or a tenancy in the name of one partner into the name of the other. This is under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 or the Civil Partnership Act 2004 . If a tenant needs advice about this, they could contact one of the advice groups listed at the end of these Notes or Scottish Women's Aid.

Landlord ending the Agreement

The landlord can also end the tenancy by written notice to the tenant. This written notice is called a Notice to Leave. The landlord cannot simply end the tenancy because the landlord wants the tenancy to end. The landlord can only end the tenancy by giving Notice to Leave on one or more of the 18 grounds which are set out below.

All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) can exercise discretion and take account of all circumstances of a case when deciding whether or not to grant an eviction.

The minimum period of notice which the landlord must give the tenant will be 28 days (4 weeks) but the tenant may be entitled to 84 days’ (12 weeks’) notice depending on how long they have been living in the property and what ground is being used to remove the tenant - see below for more detail.

The landlord's written notice to the tenant, ending the tenancy, must say:

• which one or more of the 18 grounds is the reason why the landlord is ending the tenancy;
• why the landlord thinks that ground applies; and
• the date on which the landlord expects to become entitled to make an application for an eviction order to the First-tier Tribunal for Scotland Housing and Property Chamber.

The landlord should provide the tenant with a copy of any supporting evidence for the eviction ground when they serve the Notice to Leave on the Tenant.

The tenancy end date will be set out in the Notice to Leave. There are four possible options for the tenant:

1. The tenant could choose to leave on the date in the Notice to Leave.

2. Despite the date set out in the notice, the tenant may ask the landlord to agree to a later date, in which case the tenancy will end on that date - this is only if the landlord agrees.

3. If the tenant believes that the ground(s) for ending the Agreement given in the notice do not apply, then they should discuss this with the landlord and also contact the advice groups listed at the end of these Notes.

4. The other option would be for the tenant to wait for the landlord to apply to the Tribunal for an Eviction Order, as at that stage the landlord will be asked by the Tribunal to prove that the ground(s) specified for eviction do apply. The tenant does not need to move out until an Eviction Order is granted by the Tribunal.

Where the Tenant chooses not to leave

If the tenant does not leave the property on the tenancy end date, the landlord can apply to the Tribunal to get an order to evict the tenant. The tenancy then ends on the date set out in that eviction order.

If the landlord applies to the Tribunal for an eviction order, the Tribunal will ask the landlord to prove to the Tribunal why the ground set out in the landlord's notice applies to allow the landlord to end the tenancy.

Amount of notice

All tenants are entitled to receive 28 days’ notice. Some tenants will be able to get 84 days’ notice.

The amount of notice which the landlord has to give the tenant depends on:

• which of the eviction ground(s) the landlord is using to end the Agreement; and
• how long the tenant has lived in the property.

28 days' (or 4 weeks') notice must be given to the tenant if:

• on the date that the tenant receives the Notice to Leave, the tenancy has been running for six months or less;

OR

• the only eviction ground(s) set out in the landlord's notice to leave is/are that the tenant:
  • is not occupying the property as the tenant's only or main home; or
  • has breached the Agreement; or
  • is in rent arrears for three or more months in a row; or
  • has been found guilty, in a court, of certain crimes; or
  • has been involved in antisocial behaviour; or
  • has been involved with a person who has been found guilty of certain crimes or has been involved in antisocial behaviour.

In all other cases, the tenant must get 84 days' (or 12 weeks) notice.

84 days' (or 12 weeks) notice must be given to the tenant if:

• on the date that the tenant receives the landlord's notice, the tenancy has been running for more than six months;

AND

• the landlord's notice includes any of the eviction ground(s) not mentioned above.

There are 18 grounds that allow a landlord to end a tenancy

More detail on all of these grounds is given below.

1. Landlord intends to sell the let property

This ground applies if your landlord plans on putting the property up for sale within three months of you moving out. They'll need evidence to prove it – this could include a letter from a solicitor or an estate agent, or a recent home report for the property.

2. Let property to be sold by lender

This ground applies if your landlord's mortgage lender wants to repossess the property and sell it.

3. Landlord intends to refurbish the let property

This ground applies if your landlord wants to carry out major works to the let property that are so disruptive you wouldn't be able to live there at the same time.

Example of evidence could include planning permission, or a contract between your landlord and an architect or a builder for the work to be carried out.

4. Landlord intends to live in the let property

This ground applies if your landlord wants you to move out of the property so they can move in. Evidence could include an affidavit (a written statement, signed under oath in the presence of a Notary Public or a Justice of the Peace, that can be used as evidence at the Tribunal) saying this is what they are going to do.

5. Landlord's family member intends to live in the let property

This ground applies if a member of your landlord's family plans to move into the property as their only or main home for at least three months.

Members of your landlord's family who qualify for this are:

• their spouse
• their civil partner
• someone living with them as though they were married to them
• a parent or grandparent
• a child or grandchild
• a brother or sister
• step or half relatives (like a stepson or half-sister)
• a person being treated as someone's child even if they aren't related biologically or legally
• any family member (as listed above) of your landlord's spouse, civil partner or person living with them as though they were married
• the spouse or civil partner of any family members listed above, or someone living with them as though they were married

Your landlord will need evidence for this ground. This could include an affidavit stating that this is what their family member intends to do.

6. Landlord intends to use the let property for non-residential purpose

This ground applies if your landlord wants you to move out so they can use the property for something other than a home. Evidence could include planning permission that will let them use the property for a different purpose.

7. Let property required for religious worker

This ground applies if the property is held to be available for someone who has a religious job (like a priest, nun, monk, imam, lay missionary, minister, rabbi or something similar). he ground only works if the property has been used for this purpose before.

8. Tenant has stopped being — or has failed to become — an employee

This ground applies if your landlord let you move in because you were their employee (or were going to be one), and now you aren't.

9. Tenant no longer needs supported accommodation

This ground applies if you moved into the property because you had a need for community care and you've since been assessed as no longer having that need.

10. Tenant is no longer occupying the let property

This ground applies if the property isn't being used as your main or only home. This doesn't count if your landlord failed their duty to keep the property in good repair and you had to move out for your own safety.

11. Tenant has breached a term of the tenancy agreement

This ground applies if you haven't complied with one of the terms of tenancy.

This doesn't apply to cases where you haven't paid your rent (known as 'rent arrears') – there's a separate ground for this.

12. Tenant is in rent arrears over three consecutive months

This ground applies if you've been in 'rent arrears' (owed rent payments) for three or more months in a row. In deciding whether it is reasonable to evict, the Tribunal will consider whether you being in arrears is due to a delay or failure in the payment of a relevant benefit.

13. Tenant has a relevant criminal conviction

This ground applies if you're convicted of an offence punishable by imprisonment that involved you either:

• using the property for illegal reasons
• letting someone use the property for illegal reasons
• committing a crime within or near the property

Your landlord has to apply to the Tribunal within a year of you being convicted, unless they have a reasonable excuse for not applying before then.

14. Tenant has engaged in relevant antisocial behaviour

This ground applies if you've behaved in an antisocial way to another person, by doing something which either:

• causes them alarm or distress
• is a nuisance or annoyance
• is considered harassment

The First-tier Tribunal will consider the behaviour, who it involved and where it occurred to decide whether to issue an eviction order.

To use this ground, your landlord has to apply to the Tribunal within a year of the behaviour taking place, unless they have a reasonable excuse.

15. Tenant has associated in the let property with someone who has a criminal conviction or is antisocial

This ground applies if you allow someone into the property and they behave in an antisocial way that would have them evicted if they were the tenant.

This person could be:

• a sub-tenant
• your lodger
• someone you let into the property on more than one occasion

To use this ground, your landlord has to apply to the Tribunal within a year of the conviction or behaviour taking place, unless they have a reasonable excuse.

16. Landlord has had their registration refused or revoked

This ground applies if your landlord isn't registered as a landlord in the local council area where the property is located.

This could be because the local council has either:

• refused to enter them in the register
• removed them from the register

17. Landlord's HMO licence has been revoked

This ground applies if the HMO (House of Multiple Occupancy) licence for the property has been removed and keeping all the tenants in the property would no longer be legal.

18. An overcrowding statutory notice has been served on the landlord

This ground applies if an 'overcrowding statutory notice' has been served on your landlord because the property is overcrowded to the extent that it may affect the health of the people living there.

Unlawful Eviction

If the landlord tries physically or by force to remove a tenant from the property without the Tribunal’s permission, the landlord is committing a crime. If the landlord physically removes the tenant from the property, or threatens to do so, or if the landlord changes the locks, the tenant should report the matter to the police. (The non-emergency number to contact the police is 101.)

For an eviction to be lawful (so allowed by law), after the Landlord obtains the eviction order from the Tribunal, the eviction (or removal of the tenant from the property) must be done by Sheriff Officers, not by the landlord or by the landlord's employees or agents.

The law protects the tenant against harassment and unlawful eviction in two ways:

• by making harassment and unlawful eviction crimes; and
• by allowing the tenant to claim damages (ask for money) through the courts.

The law against harassment applies if the landlord personally harasses or evicts the tenant unlawfully or if somebody else does it for the landlord.

Wrongful Termination Orders

If the tenant has left the property and thinks they have been misled into leaving the property, they can apply to the Tribunal for a 'wrongful termination order'. The Tribunal may make a wrongful termination order if it decides that the landlord:

• misled the Tribunal into giving an eviction order it should not have
• misled the tenant into leaving the property.

An example of a possible wrongful termination would be where the landlord serves notice to leave on the tenant on the ground that they intend to sell the property, but then takes no action to do so, and simply lets it out to another tenant.

If a wrongful termination order is issued, the landlord will be told to pay the tenant a payment of no more than six months' rent. The local council will also be told about the order being made and will take this into account when deciding if the landlord is (or remains) a "fit and proper" person registered to be a landlord.

Tenant's belongings to be removed

The tenant must remove the tenant's belongings when the tenancy ends. This will include everything that the tenant has brought into the property.

If the tenant leaves items behind, and the landlord then has to spend money removing them or storing them, then the tenant will have to pay the costs of removal or storage.

The landlord should supply the tenant with copies of the receipts for such costs.