Scope: Scotland. Cited to Scottish instruments throughout. These grounds belong to Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016 and have no relationship to the section 8 grounds in the English Housing Act 1988.
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.
The change that makes most published tables wrong
Schedule 3 originally divided the grounds into mandatory ones, where the tribunal had to grant an order once the ground was established, and discretionary ones, where it weighed reasonableness.
That division is gone. Following the Coronavirus (Recovery and Reform) (Scotland) Act 2022, every ground in Schedule 3 is discretionary. The Schedule now reads, throughout, that the First-tier Tribunal may find that the ground applies and may issue an eviction order if it is reasonable to do so.
The practical consequence is large and often missed: establishing the facts of a ground no longer guarantees an order. Even on rent arrears, even on a genuine intention to sell, the tribunal asks whether eviction is reasonable in all the circumstances. Any table that still labels grounds 1, 2, 5 or 12 “mandatory” is describing the law as it was before 2022.
The eighteen grounds
Part 1 — the let property is required for another purpose
| Ground | Substance |
|---|
| 1 | Landlord intends to sell the property. |
| 2 | The property is to be sold by a lender exercising its security. |
| 3 | Landlord intends to refurbish, and the works mean the tenant cannot reasonably remain. |
| 4 | Landlord intends to live in the property. |
| 5 | A member of the landlord’s family intends to live in the property. |
| 6 | Landlord intends to use the property for a non-residential purpose. |
| 7 | The property is required for a religious purpose. |
Part 2 — the tenant’s status
| Ground | Substance |
|---|
| 8 | The tenant is no longer an employee, where the let was tied to employment. |
| 9 | The tenant is no longer in need of supported accommodation. |
Part 3 — the tenant’s conduct
| Ground | Substance |
|---|
| 10 | The tenant is not occupying the property as their home. |
| 11 | Breach of a tenancy obligation other than the obligation to pay rent. |
| 12 | Rent arrears. |
| 13 | The tenant has a relevant criminal conviction. |
| 14 | The tenant has engaged in relevant antisocial behaviour. |
| 15 | The tenant associates in the property with someone who has a relevant conviction or has engaged in relevant antisocial behaviour. |
Part 4 — a legal impediment to the let continuing
| Ground | Substance |
|---|
| 16 | The landlord has ceased to be registered. |
| 17 | The HMO licence has been revoked. |
| 18 | An overcrowding statutory notice applies to the property. |
Part 4 is a trap, not a remedy
Grounds 16, 17 and 18 are the ones landlords misread. They exist because the let has become unlawful or unsuitable — and each is triggered by the landlord’s own failure.
Letting your registration lapse does not give you a convenient route to possession. It exposes you to the section 93 offence and a rent suspension notice, and it hands a tribunal a ground it will scrutinise carefully in circumstances of your own making. The same is true of a revoked HMO licence.
Rent arrears — ground 12
Arrears is a ground, not a formula. The tribunal must consider whether it is reasonable to evict, and Schedule 3 directs attention to whether the arrears arose because of a delay or failure in the payment of a relevant benefit. A landlord who has not engaged with an arrears problem should expect that to feature.
Proving an intention
Grounds 1, 3, 4, 5 and 6 all turn on what the landlord intends. An intention has to be evidenced — a marketing agreement, an architect’s drawings, a mortgage offer. An assertion of intention with nothing behind it is the commonest reason a Part 1 application fails.
How this actually proceeds
You cannot evict on a ground by asserting it. The route is a Notice to Leave naming the ground, then an application to the First-tier Tribunal. Naming the wrong ground in the notice is fatal to the application built on it.
Information tool, not legal advice. Scottish law only.
Common questions
How many grounds for eviction are there in Scotland?
Eighteen, listed in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016 and grouped into four Parts: the property being required for another purpose, the tenant’s status, the tenant’s conduct, and a legal impediment to the let continuing.
Are any Scottish eviction grounds mandatory?
No — not any more. Following the Coronavirus (Recovery and Reform) (Scotland) Act 2022 every ground in Schedule 3 is discretionary, and the Schedule reads throughout that the Tribunal may find the ground applies and may issue an eviction order if reasonable. Establishing the facts no longer guarantees an order. Published tables that still label grounds 1, 2, 5 or 12 mandatory are describing the pre-2022 law.
Can I evict in Scotland because I want to sell?
Ground 1 covers a landlord who intends to sell, but it is discretionary like every other ground, so the Tribunal decides whether eviction is reasonable in all the circumstances. The intention also has to be evidenced — a marketing agreement or similar. An asserted intention with nothing behind it is the commonest reason a Part 1 application fails.
What happens if my landlord registration lapses?
Ground 16 allows an eviction order where the landlord has ceased to be registered, but it is not a convenient route to possession. Letting registration lapse exposes you to the section 93 offence and a rent suspension notice under section 94, and hands the Tribunal a ground arising from your own failure — which it will scrutinise in exactly that light.