Ending a Tenancy

The new ‘Private Residential Tenancy’ comes into force on 1 December 2017

This page provides information on ending a new Private Residential Tenancy. You can find information on ending assured and short assured tenancies here.

The procedure for ending a tenancy can be complicated.  The following information gives you an overview of the process but we strongly recommend that you get independent legal advice.

Private Residential Tenancies will not have an end date and cannot be terminated by the landlord unless there is a ground for eviction. Tenants will be entitled to terminate the tenancy by giving 28 days' notice to the landlord, or any other notice period specified in the tenancy agreement.

Tenants must be given a minimum period of notice before the eviction action can commence. The period is 28 days if the tenant has lived at the property for less than 6 months or if the tenant conduct grounds apply.  In all other cases, the notice period is 84 days.
If the Tenant fails to vacate at the end of the notice period, the Landlord can apply to the First-tier Tribunal (Housing and Property Chamber) for an eviction order.

The grounds are split into four categories:  let property required for another purpose; tenant’s status; tenant’s conduct; and legal impediment to let.  Some of the grounds are mandatory and some are discretionary grounds.   If a mandatory eviction ground is established on the evidence presented, the Tribunal must grant an eviction order without any consideration of whether it is reasonable in the circumstances.  The main mandatory grounds include:
 

  • The landlord intends to sell the property
  • The landlord intends to live at the property as their principal home for at least 3 months
  • The landlord intends to use the property for a non-residential purpose
  • The tenant is no longer occupying the property
  • The tenant has been in rent arrears for three or more months, with the total amount of arrears being equal to (or more than) one month’s rent (and those arrears are not wholly or partly a consequence of a delay or failure in the payment of a relevant benefit)
  • The tenant has a relevant criminal conviction

If a discretionary ground is established, the Tribunal will only grant an eviction order where it considers it is reasonable in the circumstances to do so. The Tribunal must be persuaded that eviction will be reasonable in the circumstances. Some of the main discretionary grounds are:
 

  • A member of the landlord’s family intends to live in the property
  • The property was provided in the course of community care, which the tenant no longer requires
  • The tenant is in breach of the tenancy agreement
  • The tenant is involved in anti-social behaviour
  • The tenant has an association with someone who has a relevant conviction or is involved in anti-social behaviour

You can find out more information by reading the following guides:

Tenant information
Private residential tenancies: information for tenants

Landlord Information
Private residential tenancies: information for landlords

Contact Us

Housing and Property

housing@moray.gov.uk

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