The end of a tenancy is one of the moments most likely to cause confusion and occasional disputes between landlords and tenants. For example, who has to do what? How much notice is needed? When does the deposit come back, and what can be deducted from it?
Scotland has its own distinct rules here, and they are genuinely different from those in England. A lot of advice online quietly blends the two together, which is exactly how landlords end up serving the wrong notice or making a deduction they are not entitled to. So here is a clear, Scotland-specific guide to what actually happens when a tenancy comes to an end, and how to make sure it goes smoothly.
It is worth setting the scene. The private rented sector is a major part of Scottish housing: according to the Scottish Government, around 13% of Scotland’s 2.73 million homes were privately rented or lived in rent-free as of March 2024, and the number of private rented households has grown by roughly 167% since 1999. With more than 350,000 properties on the Scottish Landlord Register, ending a tenancy correctly is something a great many people need to get right every year.
First, the important bit: a Scottish tenancy does not simply expire
If you let your property on or after 1 December 2017, you should have a Private Residential Tenancy (PRT), introduced by the Private Housing (Tenancies) (Scotland) Act 2016. The single most important thing to understand about a PRT is that it is open-ended. There is no fixed term and no end date. It does not lapse, run out, or expire.
That means a tenancy only ends when one of two things happens: the tenant decides to leave and gives proper notice, or the landlord ends it using one of the prescribed grounds. There is no Scottish equivalent of the old “no-fault” notice. A landlord cannot end a PRT simply because they feel like it, or because a year has passed.
How a tenant ends the tenancy
For tenants, ending a PRT is relatively straightforward. A tenant must give the landlord at least 28 days’ notice in writing, unless they ask for a shorter period and the landlord agrees in writing.
A few details matter:
- The notice period begins on the day the landlord receives the notice. If it is sent by post or email, the tenant should allow 48 hours for it to arrive, and add that to the notice.
- The notice must be given freely, without any pressure from the landlord.
- A tenant can give notice only after they have started living in the property.
- For a joint tenancy, all joint tenants must agree and sign to end it. One tenant cannot end the tenancy on behalf of everyone else.
If a tenant does not end the tenancy correctly, they remain liable for rent until the end of a proper notice period or until they actually move out, whichever is later.
How a landlord ends the tenancy
This is where Scottish landlords need to take real care, because the process is strict and getting it wrong can mean months of delay.
A landlord can only end a PRT by using one of the 18 grounds for eviction set out in Schedule 3 of the 2016 Act. These include situations such as the landlord intending to sell the property, the landlord or a family member intending to move in, major refurbishment that makes the property unliveable during the works, rent arrears, antisocial behaviour, and a breach of the tenancy agreement, among others.
To begin, the landlord must serve a formal document called a Notice to Leave, which states the ground or grounds being used and the reasons they apply. The Scottish Government provides a free “Create a Notice to Leave” tool for this. Crucially, all 18 grounds are now discretionary. That means even where a ground technically applies, the First-tier Tribunal for Scotland (Housing and Property Chamber) will decide whether it is reasonable to grant an eviction, weighing up the circumstances of both parties.
How much notice must a landlord give?
The notice period depends on how long the tenant has lived in the property and which ground is being used:
- 28 days’ notice applies if the tenant has lived in the property for six months or less, regardless of the ground. It also applies, regardless of how long they have lived there, where certain grounds are used, such as antisocial or criminal behaviour, a breach of the tenancy, or rent arrears.
- 84 days’ notice applies if the tenant has lived in the property for more than six months and none of those shorter-notice grounds applies.
If a landlord relies on more than one ground and they carry different notice periods, the longer period applies.
What if the tenant does not leave?
A Notice to Leave is not, by itself, an eviction. If the tenant does not move out by the end of the notice period, the landlord cannot change the locks, remove belongings, or force them out. They must apply to the First-tier Tribunal for an eviction order, and the tenancy then ends on the date set out in that order (or when the tenant actually leaves, if later). The Tribunal will ask the landlord to prove that the stated ground applies.
Landlords cannot force a tenant out
This deserves its own heading, because it is one of the most serious points in Scottish housing law. Trying to remove a tenant without following the proper legal process, by harassment, coercion, or simply locking them out, is an illegal eviction, and it is a criminal offence in Scotland. The Scottish Government gives examples such as removing the toilet or cutting off the water supply to make a property impossible to live in.
There are real financial consequences, too. If a landlord misleads a tenant or the Tribunal into ending a tenancy, the former tenant can apply for a wrongful termination order, currently worth up to six months’ rent. As we will come to below, the penalties in this area are about to increase significantly.
The key takeaway is simple: there is never a shortcut worth taking here. A correctly served notice and, if needed, a Tribunal order are the only lawful routes.
The end-of-tenancy inspection and your inventory
Once a tenant is leaving, attention turns to the condition of the property, and this is where a good inventory earns its keep.
At the start of the tenancy, a thorough check-in inventory should record the condition of the property, its fixtures, and its contents, ideally with dated photographs. At the end, a check-out inspection compares the property against that original record. If a dispute over the deposit arises, this comparison is the single most important piece of evidence, because an adjudicator decides the case on the documents alone.
The key legal concept at this stage is fair wear and tear. This is the normal deterioration that comes from reasonable, everyday use of a home, and courts have long described it as including “the ordinary operation of natural forces”, in other words, the ordinary ageing of a property through normal living. A landlord cannot make deposit deductions for fair wear and tear. They can deduct only for damage beyond that.
There is also an important principle of betterment. A landlord is not entitled to charge a tenant the full cost of putting the property back to exactly the condition it was in at the start. If a carpet or a worktop is genuinely damaged, an adjudicator will take into account its age, quality, and expected lifespan rather than awarding the price of a brand-new replacement. Lightly worn carpets, faded paint, and minor scuffs from normal use are wear and tear, not damage.
The same balanced approach applies to cleaning, which is one of the most common areas of dispute. A tenant is expected to return the property to the same standard of cleanliness it was provided in, allowing for fair wear and tear. However, a blanket clause demanding a paid professional clean regardless of the property’s actual condition is unlikely to be enforceable.
Getting the deposit back
Deposit protection is one of the strongest safeguards in Scottish renting. Under the Tenancy Deposit Schemes (Scotland) Regulations 2011, a landlord must lodge the deposit in one of three government-approved schemes within 30 working days of the tenancy starting. The three schemes are SafeDeposits Scotland (the only scheme based in Scotland), the Letting Protection Service Scotland, and mydeposits Scotland.
Here is how the return works at the end of the tenancy:
- Either the landlord or the tenant asks the scheme to repay the deposit.
- If there are no issues, the landlord tells the scheme to return it in full.
- If the landlord wants to make deductions, they should be discussed with the tenant first, and then submitted to the scheme. The scheme contacts the tenant, who has 30 working days to agree or disagree.
- The portion that is not in dispute is released quickly, so a disagreement over part of the deposit does not hold up the rest.
What can a landlord deduct? Generally: unpaid rent, unpaid bills the tenant was responsible for, and the cost of damage beyond fair wear and tear. What can’t they deduct? Fair wear and tear, or the cost of “betterment” beyond the genuine loss.
If the two sides cannot agree, every scheme offers a free dispute resolution service, also called adjudication. An impartial adjudicator reviews the evidence from both parties, the check-in and check-out reports, photographs, and statements, and reaches a decision that is binding on both sides. The adjudicator does not hold a hearing or visit the property; the decision rests entirely on the evidence submitted, and the onus is on the landlord to justify any deduction. If a landlord cannot prove their claim, the tenant gets that money back. If a landlord fails to engage with the scheme at all, the deposit can be returned to the tenant automatically.
One final protection worth knowing: if a landlord fails to protect a deposit properly in the first place, the tenant can apply to the First-tier Tribunal, which can order the landlord to pay the tenant up to three times the deposit amount.
The practical move-out checklist
Beyond the legal framework, there is a set of practical tasks that make the end of a tenancy clean and dispute-free. A departing tenant should:
- Remove all belongings and rubbish, including from the garden, shed, and garage. Anything left behind can be charged for as clearance.
- Clean the property properly, including furniture and white goods, to the standard recorded at check-in.
- Take final meter readings (gas, electricity, water) and keep dated proof.
- Notify the utility suppliers and the local council of the move-out date, and settle the final bills, including council tax.
- Return all keys, and provide a forwarding address for any mail or billing queries.
For landlords, the mirror image applies: inspect against the inventory, take dated photographs, record the meter readings, confirm keys are returned, and keep everything documented.
What is changing: the Housing (Scotland) Act 2025
End-of-tenancy law in Scotland is moving toward stronger protections for tenants, and landlords should be aware of what is coming under the Housing (Scotland) Act 2025.
- Stronger penalties for unlawful eviction. From 6 October 2026, compensation for wrongful termination increases to between 3 and 36 times the monthly rent, with a minimum figure of £840 used where the rent is low or nil. The Act also changes how civil damages for unlawful eviction are calculated, to the same 3-to-36-times range.
- A new duty to consider delaying eviction. The Act places a duty on the First-tier Tribunal to consider whether it would be reasonable to delay enforcing an eviction, taking into account factors such as financial hardship, health, and disability for both tenant and landlord. Some grounds, including antisocial conduct, criminal convictions, domestic abuse, and abandoned properties, are exempt. No date has yet been set for this change, as further legislation is required.
- A wider review. Scottish Ministers must review the grounds for repossession and report to the Scottish Parliament by 7 November 2027, and reforms are also planned to how joint tenancies are ended.
The direction of travel is clear: the process for ending a tenancy is becoming more structured, and the cost of getting it wrong is rising. Staying on the right side of these rules has never mattered more.
How Western Lettings makes the end of a tenancy straightforward
For landlords, the end of a tenancy is exactly the kind of moment where the right agent quietly saves you a great deal of stress and risk. It is the job we do every week.
At Western Lettings, that means serving the correct notice in the correct way, carrying out thorough check-in and check-out inventories that protect you if a deposit is ever disputed, handling the deposit return properly through the scheme, and keeping the gap between tenancies as short as possible so your property is not sitting empty. No invalid notices, no unenforceable deductions, no avoidable disputes. Just a clean, compliant end to one tenancy and a smooth start to the next.
If you would like to talk through ending a tenancy, or you are thinking about changing agents, speak to one of our Glasgow lettings experts. If you would simply like to know what your property could achieve in today’s market, you can get an instant rental valuation.
This article is general guidance for landlords and tenants in Scotland and is accurate to the best of our knowledge in 2026. Housing law in Scotland is changing, particularly under the Housing (Scotland) Act 2025, and some of the changes described above are not yet in force. It is not legal advice. For your specific situation, check the latest guidance on mygov.scot and gov.scot, or speak to us directly.
