Scope: Scotland. Cited to Scottish instruments throughout. A Notice to Leave is a creature of the Private Housing (Tenancies) (Scotland) Act 2016 and has no counterpart in England or Wales — the notices used there are made under different Acts, take different forms and do different work. The two sets should not be reasoned about together, which is why this article names only the Scottish one.
Our compliance check now covers Scotland, and so does the fine calculator. Enter a Scottish postcode and both answer in Scots law, cited to Scottish instruments — the check with your council’s registration and HMO position where we hold it, the calculator with the Scottish maximum for each offence and, where the consequence is not a fine, what it actually is. Still England and Wales only: the tenancy agreement checker, whose findings come from England and Wales statutes.
What it is and what it is not
A Notice to Leave is the document that starts the process of ending a Private Residential Tenancy. It does not end the tenancy. It is the precondition for applying to the First-tier Tribunal, and nothing more. If the tenant stays, the tenancy continues until the Tribunal makes an eviction order.
The two notice periods
Section 54 sets them, and there are only two.
| Period | When it applies |
|---|
| 28 days |
Where the tenant has been entitled to occupy for six months or less, or the notice relies only on the conduct-type grounds: not occupying as a home, breach of a tenancy obligation, rent arrears of three or more consecutive months, a relevant conviction, relevant antisocial behaviour, or association with someone in those categories. |
| 84 days |
Every other case. |
The word doing the work is “only”. If you cite one conduct ground and one Part 1 ground — say rent arrears alongside an intention to sell — the notice does not rely only on the short-period grounds, and the period is 84 days. Mixing grounds to strengthen a case is the standard way a landlord accidentally serves a notice 56 days short.
The other trap is the six-month test. It is about how long the tenant has been entitled to occupy, not how long they have lived there and not how long since the last agreement was signed.
What the notice must contain
Under section 62, a Notice to Leave must:
- be in writing;
- state the eviction ground or grounds on which the landlord proposes to seek an order;
- state the day on which the landlord expects to become entitled to make an application to the Tribunal; and
- fulfil any further requirements prescribed by the Scottish Ministers — the prescribed form is set by regulations, and using it is the safest course.
The landlord may not apply to the Tribunal before the day stated in the notice.
What voids a notice, in practice
- The wrong period. Almost always the mixed-grounds error above.
- A ground not stated. You cannot run a ground at the Tribunal that the notice did not name. This is the single most common fatal defect — the case is reshaped after service and the notice no longer supports it.
- An expectation date that is wrong, or an application made before it.
- Service that cannot be evidenced. Keep proof of how and when it went, because the date it was received drives everything after it.
- Serving on a tenancy that is not a PRT. A pre-December-2017 assured or short assured tenancy is ended by a different mechanism under the Housing (Scotland) Act 1988 entirely.
There is no equivalent of curing a defective notice by re-serving mid-application. If the notice is bad, the application built on it fails and you start again — which, on the 84-day period, costs three months.
After the notice
If the tenant leaves, the tenancy ends and nothing further is needed. If they do not, the landlord applies to the First-tier Tribunal, which decides whether the ground is established and whether it is reasonable to evict — every ground being discretionary since 2022.
A tenant ending the tenancy themselves does not use this route at all: under section 48 they give their own notice, 28 days by default. See the PRT explained.
Information tool, not legal advice. Scottish law only.
Common questions
How much notice must a landlord give in Scotland?
Either 28 or 84 days, under section 54 of the Private Housing (Tenancies) (Scotland) Act 2016. Twenty-eight days applies where the tenant has been entitled to occupy for six months or less, or where the notice relies only on the conduct grounds — not occupying as a home, breach of a tenancy obligation, rent arrears of three or more consecutive months, a relevant conviction, antisocial behaviour or association. Everything else is 84 days.
Can I cite more than one ground in a Notice to Leave?
Yes, but it can change the notice period. The 28-day period applies only where the notice relies solely on the listed conduct grounds. Adding a Part 1 ground such as an intention to sell alongside rent arrears means the notice no longer relies only on those grounds, so the period becomes 84 days. Mixing grounds to strengthen a case is the standard way landlords serve a notice 56 days short.
Does a Notice to Leave end the tenancy?
No. It is the precondition for applying to the First-tier Tribunal and nothing more. If the tenant stays, the tenancy continues until the Tribunal makes an eviction order — and because every ground is now discretionary, the Tribunal must also be satisfied that eviction is reasonable.
What makes a Notice to Leave invalid?
Most often the wrong notice period from mixing grounds, or running a ground at the Tribunal that the notice never named — you cannot rely on a ground the notice omitted. Others are a wrong expectation date, applying before that date, service that cannot be evidenced, and serving a Notice to Leave on a pre-December-2017 assured or short assured tenancy, which is ended by a different mechanism entirely.