How to give notice to a tenant in Edinburgh
- UpperKey
- Nov 19, 2022
- 5 min read
Updated: Aug 5, 2024
Thousands of people in Edinburgh choose to rent out their property each year. But why is this figure so high? There are several reasons why people choose to rent out a property. Not only does renting out a property bring a steady stream of income, but despite a number of horror stories, there are some genuinely lovely tenants out there. As well as this, the value of your property will only increase during the rental period.
However, despite all the benefits of renting out a property, there may come a time when you no longer wish to rent it out anymore. Maybe you want to move back into the property yourself, or maybe you want to sell it. Whatever the reason, it’s essential to know where you stand when it comes to giving your tenants in Edinburgh notice.
If you’re a landlord in Edinburgh and you want to know how to give your tenants notice, then keep reading below. We’ve made a list of the steps you need to follow to do it legally:
1. Write a Tenant Notice to Leave Letter
As we mentioned above, there are many reasons why you might want to ask a tenant to leave. However, it can be hard to know where to begin. The good news is that removing a tenant isn’t as tricky as it sounds.
First, you must write to your tenant and ask them to leave the property. In the letter, you must explain that they must leave the property, when you expect it to be vacated, and on what grounds you are asking them to leave. You also need to ensure that the document includes both their and your contact details so they can get in touch with you should they have any worries or concerns. This is the first step in asking a tenant to leave.
2. Check the Property
The next step is to check the property. Unless you use a property management company like Upper Key, which checks to ensure your property is always kept to a high standard, you will need to check your property for damages. However, you can’t include day-to-day wear and tear damage in this check. Instead, you need to look for intentional damage.
If you find excessive or intentional damage, you will need to ask your tenant to make repairs or pay for the damage they have caused. This can be anything from damaged appliances to ripped curtains or furniture. It could also be damage to outdoor areas like grass or plants. After all, you don’t want to pay out vast amounts of money when you regain control of your property.
3. Notice Period
In Edinburgh, landlords must give their tenants the right amount of time to vacate the property. This is called a notice period. The good news is that the notice period in Edinburgh is much shorter than in many other countries worldwide. If you want to know how much notice you have to give your tenants, then here’s our guide to help you:
Notice of 28 days – tenants who have been in the property for less than six months are entitled to 28 days' notice. As well as this, tenants who breach their tenancy agreement or those who have been involved in antisocial behaviour are also entitled to this amount.
84 days' notice – tenants are entitled to a minimum of 84 days’ notice in all other circumstances.
4. Tenant Refusing to Leave the Property
Although most tenants are happy to leave without hassle, a few will refuse to leave the property. There are several reasons for this. The tenant may struggle to find another property to rent, or they may not be able to afford to move. Whatever the reason, you are entitled to regain control of your property as a landlord.
If your tenant refuses to leave, you must apply to the First-tier Tribunal for Scotland Housing and Property Chamber to issue an eviction notice or a section 21 notice. However, if you want to evict a tenant because they have violated the lease terms, you will need to send them a Section 8 notice.
To complete either of these forms, you will need the following:
Details about why you are asking your tenant to leave
Evidence that supports the details above, if you can obtain it.
The details of your tenant
When the notice period ended.
5. Send an Eviction Notice to Your Tenant
It is vital to ensure that you send the eviction notice recorded delivery, or if possible, use a professional notice server’s service. This will ensure that your tenant receives the paperwork. If you choose not to do this, you may end up having to send the eviction notice again. This can waste a lot of time.
6. Seek Order of Possession Form
If your tenant chooses not to leave the property as instructed, you must apply for a Standard Possession Order in the Edinburgh court. This will cost approximately £325. Another option available to you is to apply for an Accelerated Possession Order. This option is slightly more expensive, but it will speed up the process of removing your tenant.
7. Regaining Control of Your Property
Once you’ve evicted your tenant, you can decide what to do with your property. While some people choose to rent it out to new tenants, others choose to sell it completely. Another option is to hand over control of your property to a company like Upper Key. These companies take care of everything for you, from choosing the best tenants to ensuring your property remains well-looked after. As well as this, they also guarantee your rent, meaning you’ll never be short of money again.
However, if you do decide to rent your property out to a company like Upper Key, there are some essential things you need to consider first. For example, it’s a good idea to think about the décor and furnishings in your property. This is because the better the décor and furnishings, the more likely your property will be accepted and the higher rent you can ask.
Renting out a property can be an excellent investment, but there usually comes a time when you want to hang up your landlord's boots and do something else. When this time comes, it’s important to know the rules around giving your tenant notice. After all, you don’t want to get in trouble with the law by doing things incorrectly. Thankfully, there’s lots of advice that can help you legally and quickly remove a tenant. If you're a landlord in Edinburgh, then make sure you follow our advice above.
