Ending a Tenancy in Scotland? From 6 October, Getting the Process Wrong Can Cost Up to 36 Months’ Rent

The Eviction Ground Needs to Be Genuine

Under Scotland’s Private Residential Tenancy system, a landlord cannot simply decide that they would like the property back and tell the tenant to leave.

A valid ground has to be relied upon, the correct notice served and the required procedure followed.

The Scottish Government’s landlord guidance makes clear that the Notice to Leave must state the eviction ground being used and why the landlord believes it applies. Supporting evidence will be required if the landlord subsequently applies to the Tribunal.

Problems arise when what happens after the tenant leaves does not match what they were told beforehand.

A landlord may genuinely intend to sell, move into the property or rely on another permitted ground. Circumstances can also change. But if a former tenant believes they were induced to leave on a false basis, they can ask the Tribunal to examine what happened.

Since 6 October, the financial stakes attached to that examination have risen sharply.

Good Property Management Leaves a Trail

We have always believed that good letting management is as much about records as action.

If a landlord needs possession, the first questions should be practical ones.

• Which ground genuinely applies?
• What evidence supports it?
• Has the correct notice been used?
• Have the dates been calculated properly?
• Is there correspondence showing the landlord’s intention at the time?
• If circumstances later change, is that change recorded?

That disciplined approach protects both sides.

It gives tenants clear information about why their tenancy is being brought to an end, while giving landlords a proper record of what was decided and why.

Now that the maximum wrongful-termination payment has increased from six months’ rent to 36 times the monthly rent, casual handling of tenancy endings becomes harder to justify.

This Is Also a Useful Test of Your Letting Agent

Landlords often judge an agent by the visible parts of the service: how quickly the property lets, how rent is collected and how repairs are handled.

The quality of the management becomes even more important when something unusual happens.

• A tenant stops paying.
• A landlord needs to sell.
• A family situation changes.
• Possession is required.
• A notice has to be issued.

Those are the moments when a landlord needs an agent who understands the process, keeps proper records and knows when specialist legal advice is required rather than improvising.

Infiniti Properties has managed Glasgow rental property since 1999. Our Fully Managed service covers the day-to-day tenancy, compliance, inspections, repairs and administration, with the aim of making landlord ownership simpler rather than leaving important jobs sitting on the landlord’s desk.

Changing Agent With a Tenant Already in Place

Landlords do not need to wait for a tenancy to end before changing how their property is managed.

If you already have a tenant in place and are unhappy with your current arrangements, Infiniti can take over the existing tenancy through our Switch Agent or Already Tenanted service without requiring you to start again with a new tenant.

Scottish letting regulation is becoming more process-driven, not less. The landlords best placed to deal with that are the ones whose management already works properly before a problem lands.

Thinking About Changing Letting Agent?

If you already have a tenant in place, you do not need to wait until the tenancy ends to move your property to Infiniti. We can help transfer the management of your Glasgow rental property and take care of the ongoing administration, compliance and day-to-day management.