Bringing a residential tenancy to an end in Scotland
Produced in partnership with Gavin Deeprose of DLA Piper
Bringing a residential tenancy to an end in Scotland

The following Property Disputes practice note produced in partnership with Gavin Deeprose of DLA Piper provides comprehensive and up to date legal information covering:

  • Bringing a residential tenancy to an end in Scotland
  • Types of tenancy
  • Termination
  • Termination by the landlord
  • The section 19 procedure
  • The section 19 procedure—the notice to quit
  • The section 19 procedure—the notice of proceedings for possession
  • The section 19 procedure—the order for possession
  • The section 33 procedure
  • The section 33 procedure—the notice to quit
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect the following:

  1. proceedings against commercial tenants from termination on the grounds of non-payment of rent, see: Commercial leases and CIGA 2020

  2. insolvency legislation of both a permanent and temporary nature including the presentation of winding up petitions, service of statutory demands and making of winding up orders, safeguarding commercial tenants against aggressive rent collection tactics, see: CIGA 2020

  3. service of various notices in relation to private residential tenancies, and assured and short assured tenancies, see: Residential tenancies

  4. enforcing standard security and repossession proceedings against borrowers, see: Enforcing standard security

  5. practice and procedure in the First Tier Tribunal for Scotland (housing and property chamber) procedure, see: First Tier Tribunal for Scotland (housing and property chamber) procedure

  6. suspension of the Registers of Scotland application record and the launch of the Digital Submission Service, see: Registers of Scotland

For further information and guidance, see Practice Note: Coronavirus (COVID-19)—property in Scotland and for an archive of news on Scotland and Scots law developments, see: Coronavirus (COVID-19)—Scotland tracker—Property and Property disputes.

Types of tenancy

The main private sector residential tenancies in Scotland are assured and short assured tenancies. The main difference between the two tenancies is that a landlord who has let their property under a short assured tenancy has an automatic

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