Current status: Answered by Paul McLennan on 5 June 2025
To ask the Scottish Government what options are available to private landlords who are considering issuing a tenant with a notice to leave on the grounds of abandonment because they are no longer believed to be living at a property, but mail is occasionally collected from the building.
In Scotland, if a private residential tenant abandons a property, the landlord must follow a specific legal procedure to regain possession. They must serve a formal notice to leave, which sets out the ground for eviction (the reason why they are asking the tenant to leave), and provide them with the correct legal notice period.
The ground “Not occupying let property” is intended to cover cases where the tenant has abandoned the property.
When issuing the notice to end a tenancy, the landlord should use the communication method agreed set out in the Tenancy Agreement. They should keep records of all attempts to contact the tenant. Where post is being collected and rent continues to be paid, this may indicate a tenant continues to occupy the let property.
Once the notice period has ended, the landlord can apply to the First-tier Tribunal for Scotland an Order granting permission to repossess the property.